Public Health System Nurses' and
Midwives' (State) Award 2022
INDUSTRIAL
RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Ministry of Health.
(Case No. 192670 of 2022)
Before Chief Commissioner Constant
Commissioner Sloan
Commissioner Webster
|
23 August 2022
|
AWARD
PART A
1.
Arrangement
Clause
No. Subject Matter
1. Arrangement
2. No Extra Claims
3. Definitions
4. Hours of Work and Free Time of Employees
Other Than Directors of Nursing and Area Managers, Nurse Education
4A. Multiple Assignments
5. Pilot Roster Projects
6. Introduction of Change
7. Hours of Work and Free Time of Directors
of Nursing and Area Managers, Nurse Education
8. Rosters
9. Salaries
10. Salary Sacrifice to Superannuation
11. Leave for Matters arising from Family
Violence
12. Special Allowances
13. Continuing Education Allowance
14. Climatic and Isolation Allowances
15. Penalty Rates for Shift Work and Weekend
Work
16. Fares and Expenses
17. Special Rates and Conditions
18. Telephone Allowance
19. Work Health and Safety for Employees of
Contractors and Labour Hire Business
20. Mobility, Excess Fares & Travelling
21. Car Allowance
22. Provision of Communication Device
23. Uniform and Laundry Allowances
24. Higher Grade Duty
25. Overtime
26. Escort Duty
27. Payment and Particulars of Salaries
28 Registration Pending
29. Part-time, Casual and Temporary Employees
30. Annual Leave
31. Annual Leave Loading
32. Family and Community Services Leave and
Personal/Carers’ Leave
33. Long Service Leave
34. Maternity, Adoption and Parental Leave
35. Military Leave
36. Repatriation Leave
37. Sick Leave
38. Accommodation and Board
39. Grading Committee
40. Grading of Nurse/Midwife Manager Positions
41. Deputy Directors of Nursing, Assistant
Directors of Nursing
42. Proportion
43. Medical Examination of Nurses
44. Domestic Work
45. Termination of Employment
46. Labour Flexibility
47. Right of Entry
48. Disputes
49. Anti-discrimination
50. Exemptions
51. Salary Packaging
52. Deduction of Union Membership Fees
53. Staffing Arrangements
54. Trade Union Activities
55. Learning and Development Leave
56. Career Break Scheme
57. Commitments During Life of this Award
58. Area, Incidence and Duration
PART B
MONETARY
RATES
Table 1 -
Salaries
Table 2 -
Other Rates and Allowances
2. No Extra Claims
Other than as provided for in the Industrial Relations Act 1996 and the
Industrial Relations (Public Sector Conditions of Employment) Regulation 2014
(or its successor however described), there shall be no further claims/demands
or proceedings instituted before the Industrial Relations Commission of New
South Wales for extra or reduced wages, salaries, rates of pay, allowances or
conditions of employment with respect to the employees covered by the Award
that take effect prior to 30 June 2023 by a party to this Award.
3. Definitions
Unless the context otherwise
indicates or requires, the several expressions hereunder defined shall have the
respective meanings assigned to them:
"ADA" means the adjusted
daily average of occupied beds, calculated in accordance with the following
formula:
ADA = Daily Average + Neo-natal
Adjustment + Non-inpatient Adjustment
Where:
Daily
Average
|
=
|
Total
Occupied Bed Days for the Period Less Unqualified Baby Bed Days
|
|
|
Number
of Days in the Period
|
Neo-natal
Adjustment
|
=
|
Total
Bed Days of Unqualified Babies for the Period
|
|
|
2
X Number of Days in the Period
|
|
|
|
Non-inpatient
|
=
|
Total
NIOOS Equivalents for the Period
|
|
|
10
X Number of Days in the Period
|
Note: Total NIOOS Equivalents for
the Period equals the individual NIOOS plus the equivalent number of Group
NIOOS (Non-inpatient Group Sessions *1.3) plus the equivalent number of Dental
NIOOS (Non-inpatient Dental Flow *3.8).
"AHPRA" means the
Australian Health Practitioner Regulation Agency.
"Ambulance Service" means
the Ambulance Service of NSW.
"Area Manager, Nurse/Midwife
Education" - refer to Schedule 1, Nurse Managers.
"Assistant in
Nursing/Midwifery" means a person, other than a registered nurse, Enrolled
Nurse or Enrolled Nurse without medication qualification who is employed in
nursing/midwifery duties in a public hospital or public health organisation.
"Assistant Director of
Nursing/Midwifery" - refer to Schedule 1, Nurse Managers.
"Association" means the
New South Wales Nurses and Midwives’ Association and the Australian Nursing and
Midwifery Federation NSW Branch (ANMF NSW Branch).
"Association delegate"
means a trade union delegate accredited by the Association including but not
limited to a Branch Official, Councillor or workplace
representative of the Association.
"Board" means the Nursing
and Midwifery Board of Australia and shall also be taken to mean a reference to
AHPRA as appropriate/applicable.
"Career Break Scheme"
means a scheme where employees may apply for an option to defer twenty per cent
of their salary for four years and be paid this deferred salary in the fifth
year.
"Clinical Nurse
Educator/Clinical Midwife Educator" means a Registered Nurse/Midwife
appointed to a position classified as such and who holds relevant clinical or
education post registration qualifications or such education and clinical
experience deemed appropriate by the employer.
The Clinical Nurse
Educator/Clinical Midwife Educator is required to deliver and evaluate clinical
education programs at the ward/unit level.
The Clinical Nurse
Educator/Clinical Midwife Educator shall provide for the delivery of clinical
nurse/midwife education in the ward/unit level, and performs the following
functions at that level:
Delivers competent nursing
education in the ward/unit;
Contributes to the development of colleagues;
Acts as the preceptor in
orientations to the ward/unit;
Provides day to day clinical
education support in the ward/unit;
Provides one on one informal education;
Provides support for skill
development in clinical procedures;
Provides support for professional development;
Provides support for clinical
policy development;
Provides a ward/unit based
in-service program.
The provision of direct clinical
care by Clinical Nurse Educator/Clinical Midwife Educator should be for the
purpose of providing clinical education to other employees. Direct clinical care shall be limited to
emergency circumstances only.
Incremental progression to the 2nd
year and thereafter rate shall be upon completion of 12 months satisfactory
full-time service.
"Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 1" means: a Registered
Nurse/Midwife who applies a high level of clinical nursing knowledge, experience and skills in providing complex nursing/midwifery
care directed towards a specific area of practice, a defined population or
defined service area, with minimum direct supervision.
A Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 1 shall satisfy the following
minimum criteria:
Relevant post-registration
qualifications and at least 12 months experience working in the relevant
clinical area of their post-registration qualification; or four years post-
registration experience, including three years’ experience in the relevant
specialist field.
A Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 1 is distinguished from an 8th
Year Registered Nurse/Midwife by being required to satisfy the following
criteria:
(a) actively
contributes to the development of clinical practice in the ward/unit/service;
(b) acts
as a resource and mentor to others in relation to clinical practice; and
(c) actively
contributes to their own professional development.
Clinical
Nurse Specialist/Clinical Midwife Specialist Grade 1 is a personal grading
"Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 2" means: a Registered
Nurse/Midwife appointed to a position classified as such with relevant post-registration
qualifications and at least 3 years’ experience working in the clinical area of
their specified post-graduate qualification.
The Clinical Nurse
Specialist/Clinical Midwife Specialist Grade 2 classification encompasses the
Clinical Nurse Specialist/Clinical Midwife Specialist Grade 1 role criteria and
is distinguished from a Clinical Nurse Specialist/Clinical Midwife Specialist
Grade 1 by the following additional role characteristics:
Exercises extended autonomy of
decision making;
Exercises professional knowledge
and judgement in providing complex care requiring advanced clinical skills and
undertakes one of the following roles:
leadership in the development of
nursing specialty clinical practice and service delivery in the ward/unit/service;
or
specialist clinical practice across
a small or medium sized health facility/sector/service; or
primary case management of a
complete episode of care; or
primary case management of a
continuum of specialty care involving both inpatient and community
based services; or
an authorised extended role within
the scope of Registered Nurse/Midwifery practice.
Incremental progression to the
second year and thereafter rate shall be upon completion of 12 months
satisfactory full-time service (or pro rata part time service).
"Clinical Nurse
Consultant/Clinical Midwife Consultant Grade 1" means: a registered
nurse/midwife appointed as such to a position approved by the public hospital
or public health organisation, who has at least 5 years full time equivalent
post registration experience and in addition who has approved post registration
nursing/midwifery qualifications relevant to the field in which he/she is
appointed, or such other qualifications or experience deemed appropriate by the
public hospital or public health organisation.
"Clinical Nurse
Consultant/Clinical Midwife Consultant Grade 2" means: a registered
nurse/midwife appointed as such to a position approved by the public hospital
or public health organisation, who has at least 5 years full time equivalent
post registration experience, with at least 3 years full time equivalent
experience in the specialty field. In addition, the employee must have approved
postgraduate nursing/midwifery qualifications relevant to the field in which
he/she is appointed, or such other qualifications or experience deemed
appropriate by the public hospital or public health organisation. An employer may also require a higher
qualification in the specialist nursing field where such a qualification is
considered essential for the performance of the individual position.
"Clinical Nurse
Consultant/Clinical Midwife Consultant Grade 3" means: a registered
nurse/midwife appointed as such to a position approved by the public hospital
or public health organisation, who has at least 7 years full time equivalent
post registration experience, with at least 5 years full time equivalent
experience in the specialty field. In addition the
employee must have approved postgraduate nursing/midwifery qualifications
relevant to the field in which he/she is appointed or such other qualifications
or experience deemed appropriate by the public hospital or public health
organisation. An employer may also
require a higher qualification in the specialist nursing field where such a
qualification is considered essential for the performance of the individual
position.
"Day Worker" means a
worker who works her/his ordinary hours from Monday to Friday inclusive and who
commences work on such days at or after 6am and before 10am, otherwise than as
part of the shift system.
"Deferred Salary Leave
Year" means the fifth year of the career break scheme where the employee
is absent from work and receives the deferred salary from the previous four
years through participation in the Career Break Scheme. This year cannot be
compressed into a period of less than twelve months.
"Ministry" means the NSW
Ministry of Health.
"Deputy Director of
Nursing" - refer to Schedule 1, Nurse/Midwife Managers.
"Enrolled Nurse without
medication qualification" means a person registered by the Board as an
enrolled nurse with the notation "does not hold a Board approved
qualification in medicines administration".
"Enrolled Nurse" means a
person registered by the Board as an enrolled nurse.
"Enrolled Nurse without
medication qualification - Special Grade" means an Enrolled Nurse without
medication qualification, with an Advanced Certificate qualification and a
minimum of six years full time equivalent post enrolment experience, including
three years full time equivalent experience in the relevant clinical area. Such
a nurse is appointed to a position established by a public hospital or public
health organisation which satisfies the criteria as agreed between the
Association and the Ministry from time to time.
"Enrolled Nurse - Special
Grade" means an Enrolled Nurse with an Advanced Certificate qualification
and a minimum of six years full time equivalent post enrolment experience,
including three years full time equivalent experience in the relevant clinical
area. Such a nurse is appointed to a position established by a public hospital
or public health organisation which satisfies the criteria as agreed between
the Association and the Ministry from time to time.
"Experience" in relation
to an assistant in nursing, means experience both before and/or after the
commencement of this Award, whether within New South Wales or elsewhere and, in
the case of an Enrolled nurse, an Enrolled Nurse without medication
qualification or assistant in nursing who was formerly a student nurse,
includes experience as such student nurse.
"Flight Nurse" means a
dual registered nurse and midwife engaged as such and engaged with NSW
Ambulance.
"Flight Hours" means all
time spent whilst in flight on an aircraft transporting patients or in transit
to pick up patients.
"Ground Hours" for Flight
Nurses means all time spent at an airport preparing for a flight or a series of
flights, and includes generally preparing and restocking aircraft on return to
home base; attending to clerical work pertaining to flights and other general
duties normally undertaken by a Flight Nurse, including but not limited to the
sterilisation of stock, maintenance and care of special nursing equipment,
cleaning the nursing sections of the aircraft; caring of patients at terminals
until the patient is transferred to hospital or at the commencement of a
flight; supervising and assisting in loading and unloading of patients; escorting
seriously ill patients to hospital in a road ambulance.
"Health service" means
any of the following:
(a) any
hospital service
(b) any
medical service
(c) any
paramedical service
(d) any
community health service
(e) any
environmental health service
(f) any
other service (including any service of a class or description prescribed by
the Regulations of the Health Service Act 1997) relating to the
maintenance or improvement of the health, or the restoration to health, of
persons or the prevention of disease in or injury to persons.
"Industry of nursing"
means the industry of persons engaged in New South Wales in the profession or
occupation of nursing including midwifery and employed in or in connection with
the New South Wales Health Service as defined in section 115 of the Health
Services Act 1997 or its successors, assignees or transmittees.
"Local Health District"
includes Specialist and Additional Networks and means a public health
organisation established pursuant to the provisions of the Health Services
Act of 1997 including all public hospitals, facilities and other
establishments and health services under the control and management thereof.
"Manager, Nurse/Midwife
Education" - refer to Schedule 1, Nurse/Midwife Managers.
"Nurse Educator/Midwife
Educator Grade 1" means a Registered Nurse/Midwife holding post
registration nursing/midwifery clinical or education qualifications relevant to
the clinical area in which he/she is appointed; and who is appointed to a position
of Nurse Educator/Midwife Educator Grade 1.
A Nurse Educator/Midwife Educator
Grade 1 shall be responsible for the development and delivery of
nursing/midwifery education courses/programs at the public hospital, or the community based service level.
Nurse/Midwife education
courses/programs shall mean courses/programs such as:
Post-registration certificates;
Continuing nurse/midwife education;
Transition programs for newly
registered nurses and midwives and newly enrolled nurses;
Post-enrolment enrolled nurses’
courses; and,
General staff development courses
(where applicable).
Incremental progression to the 2nd
year and thereafter rate at this Grade shall be upon completion of 12 months
satisfactory full-time service.
"Nurse Educator/Midwife
Educator Grade 2" means a Registered Nurse/Midwife with post registration
nursing/midwifery clinical or education qualifications relevant to the clinical
area in which he/she is appointed, or qualifications deemed equivalent by the
employer; and who is appointed to a position of Nurse Educator/Midwife Educator
Grade 2.
A Nurse Educator/Midwife Educator
Grade 2 shall be responsible for one of the following:
A nursing/midwifery education
portfolio (including but not limited to a transition program, enrolled nurse or
registered nurse program) across a public hospital or affiliated health organisation;
A nursing/midwifery education
program for a clinical division or divisions across a public hospital or
affiliated health organisation; or
A nursing/midwifery education
program for a community based health service such as
community health or mental health services.
Incremental progression to the 2nd
year and thereafter rate at this Grade shall be upon completion of 12 months
satisfactory full-time service.
"Nurse Educator/Midwife
Educator Grade 3" means a Registered Nurse/Midwife holding post
registration nursing/midwifery clinical or education qualifications relevant to
the clinical area or areas in which he/she is appointed, or qualifications
deemed equivalent by the employer; and who is appointed to a position of Nurse
Educator/Midwife Educator Grade 3.
A Nurse Educator/Midwife Educator
Grade 3 shall be responsible for one of the following:
A comprehensive nursing/midwifery
education program across a Local Health District, a sector of a Local Health
District or in a tertiary referral public hospital or affiliated health
organisation; or
The nurse education service of a
public hospital or affiliated health organisation (excluding a tertiary
referral hospital), group of hospitals or health facility.
Incremental progression to the 2nd
year and thereafter rate at this Grade shall be upon completion of 12 months
satisfactory full-time service.
"Nursing hours wards and
units" refers to wards and units in Section II Nursing Hours Wards and
Units of Clause 53 Staffing Arrangements that utilise nursing hours per patient
day to determine the number of nursing hours required to provide direct
clinical care.
"Nurse/Midwife Manager"
means any employee who is allocated to a nurse manager grade in accordance with
Clause 40 of this award.
"Nurse/Midwife
Practitioner" means a registered nurse/midwife appointed as such to a
position approved by the Secretary Ministry of Health and who is endorsed by
the Board, to practise as a nurse/midwife practitioner.
"Nursing/Midwifery Unit
Manager" means a registered nurse in charge of a ward or unit or group of
wards or units in a public hospital or health service or public health
organisation and shall include:
"Nursing/Midwifery Unit
Manager Level 1", whose responsibilities include:
(a) CO-ORDINATION OF PATIENT SERVICES -
liaison with all health care
disciplines for the provision of services to meet patient needs;
the orchestration of services to
meet patient needs after discharge;
monitoring catering and transport
services.
(b) UNIT MANAGEMENT -
implementation of hospital/health
service policy:
dissemination of information to all
personnel;
ensuring environmental safety;
monitoring the use and maintenance
of equipment;
monitoring the supply and use of
stock and supplies;
monitoring cleaning services.
(c) NURSING STAFF MANAGEMENT -
direction, co-ordination and
supervision of nursing activities;
training, appraisal and counselling
of nursing staff;
rostering and/or allocation of
nursing staff;
development and/or implementation
of new nursing practice according to patient need.
"Nursing/Midwifery Unit
Manager Level 2", whose responsibilities in relation to patient services,
ward or unit management and staff management are in excess of
those of a Nursing/Midwifery Unit Manager Level 1.
"Nursing/Midwifery Unit Manager
Level 3" whose responsibilities in relation to patient services, ward or
unit management and staff management are in excess of
those of a Nursing/Midwifery Unit Manager Level 2.
"Public Health
Organisation" means:
(a) a
Local Health District or:
(b) a
statutory health corporation; or,
(c) an
affiliated health organisation in respect of its recognised establishments and
recognised services;
"Public Hospital" means:
(a) a
hospital controlled by a Local Health District, or
(b) a
hospital controlled by a statutory health corporation, or
(c) a
hospital that is a recognised establishment of an affiliated health
organisation, or
(d) a
hospital controlled by the Crown (including the Minister or the Secretary, NSW
Health).
"Registered Nurse" means
a person registered by the Board as a Registered Nurse and/or Registered
Midwife.
"Senior Nurse/Midwife
Educator" - refer to Schedule 1, Nurse Managers.
"Service" for the purpose
of clause 9, Salaries, means service before or after the commencement of this
award in New South Wales or elsewhere as a registered nurse, provided that all
service recognised prior to the commencement of this award shall continue to be
recognised.
To the foregoing shall be added any
actual periods on and from 1 January 1971 during which a nurse undertook a post
basic course whilst an employee of and rendering service in an institution or
hospital and such course is recognised by the Board or acceptable to the
Ministry, or one of the following certificate or diploma courses: -
Associate Diploma in Community
Health -
College of Nursing, Australia;
N.S.W. College of Nursing;
Associate Diploma in Nursing
Administration -
College of Nursing, Australia;
N.S.W. College of Nursing;
Associate Diploma in Nursing Education
-
College of Nursing, Australia;
N.S.W. College of Nursing;
Newcastle College of Advanced Education;
Certificate in Operating Theatre
Management -
N.S.W. College of Nursing;
Certificate in Operating Theatre
Technique -
College of Nursing, Australia;
Certificate in Coronary Care -
N.S.W. College of Nursing;
Certificate in Orthopaedic Nursing
-
N.S.W. College of Nursing;
Certificate in Ward Management -
N.S.W. College of Nursing;
Midwife Tutor Diploma -
College of Nursing, Australia, or
Central Midwives Board, London;
Occupational Health Nursing
Certificate -
N.S.W. College of Nursing;
provided that no more than three
such courses shall count as service.
A reference to the New South Wales
College of Nursing in this Award shall be deemed to be a reference also to the
School of Nursing Studies, Cumberland College of Health Sciences.
"Shift Worker" means a
worker who is not a day worker as defined.
"Tour of Duty" means the
period between the time a Flight Nurse commences any duties associated with his
or her employment prior to making a flight or series of flights and until he or
she is finally relieved of all duties after termination of flights or series of
flights, whether termination is at home base or otherwise away from home base.
"Weekly rates" will be ascertained
by dividing an annual amount by 52.17857 or a weekly rate can be multiplied by
52.17857 to obtain the annual amount.
4.
Hours of Work and Free Time of Employees Other Than Directors of Nursing
and Area Managers, Nurse Education
(i)
(a) The
ordinary hours of work for day workers, other than Directors of Nursing and
Area Managers, Nurse Education, exclusive of meal times,
shall be 152 hours per 28 calendar days to be worked Monday to Friday inclusive
and to commence on such days at or after 6.00 am and before 10.00 am.
(b) Flight
Nurses shall not exceed 30 hours flying time in each period of seven days.
(ii)
(a) The
ordinary hours of work for shift workers, other than Directors of Nursing and
Area Managers, Nurse Education, exclusive of mealtimes, shall not exceed an
average of 38 hours per week in each roster cycle.
(b) Flight
Nurses shall not exceed 30 hours flying time in each period of seven days.
(iii)
(a) The
hours of work prescribed in subclauses (i) and (ii) of this clause shall, where
possible, be arranged in such a manner that in each roster cycle of 28 calendar
days each employee shall not work his/her ordinary hours of work on more than
nineteen days in the cycle. Provided that employees who work 8 hour shifts are
entitled to 12 additional days off duty per annum (per NSW Health Policy
Directive PD2022_006 Leave Matters for the NSW Health Service); employees
working 10 hour shifts are entitled to one additional day off duty each five
weeks; and employees working other combinations of shifts are entitled to such
number of additional days off duty per annum as will ensure that their ordinary
hours of work do not exceed an average of 38 hours per week.
(b) Notwithstanding
the provisions of paragraph (a) of this subclause, employees may, with the
agreement of the employer work shifts of less than 8 hours each over 20 days in
each cycle of 28 days.
(iv)
(a) Each
shift shall consist of no more than 10 hours on a day shift or 11 hours on a
night shift with not less than 10 hours break between each rostered shift,
unless agreed otherwise between an employee and local nursing management. An employee
shall not work more than 7 consecutive shifts unless the employee so requests and local nursing management agrees but in no case
shall an employee be permitted to work more than 10 consecutive shifts. In any
fortnightly pay period an employee shall not be
rostered for more than three quick shifts, i.e. an evening shift followed by a
morning shift, unless agreed otherwise between an employee and local nursing
management.
(b) Where
10 hour night shifts are in operation in any health
facility, at the commencement date of this award or subsequent thereto, the
length of these shifts must not be altered without the consent of the Head
Office of the Association.
(v)
(a) The employee's additional day off duty
prescribed in subclause (iii) of this clause (as a consequence of the
implementation of the 38 hour week) shall be
determined by mutual agreement between the employee and the employer having
regard to the service requirements of the latter. Where practicable such additional day off
duty shall be consecutive with the rostered days off duty prescribed in
subclause (xvi) of this clause.
(vi) Once set, the additional day off duty may
not be changed in a current cycle unless there are genuine unforeseen
circumstances prevailing. Where such
circumstances exist and the additional day off duty is changed, another day
shall be substituted in the current cycle. Should this not be practicable the
day must be given and taken in the next cycle immediately following.
(vii)
(a) Where an employee and her/his local nursing
management agree, an employee’s additional days off duty (ADOs) may be
accumulated up to a total of three. This limit on accumulation means that any
employee who has already accumulated three ADOs must take the next ADO accruing
to her/him when it falls due in accordance with the roster.
(b) Employers must not unreasonably refuse to
agree with an employee’s request to accumulate ADOs or to take them off subsequent to such accumulation.
(c) Any ADOs accumulated but not taken as at
the date of termination of the employee must be paid out at ordinary rates.
(viii) Except for breaks for meals the hours of duty
each day shall be continuous.
(ix) Each employee who works in
excess of five hours must have a break of not less than thirty minutes
and not more than sixty minutes for each meal occurring on duty as follows:
Breakfast
|
between 6am and 9am
|
Midday Meal
|
between 12 noon and 2pm
|
Evening Meal
|
between 5pm and 7pm
|
Night Meal
|
between 10pm and 2am.
|
Employees must not be required to
work during meal breaks as a matter of routine practice unless mutually agreed
at the local level. Provided that any time worked during such break shall count
as working time and unless the employee is permitted to finish duty early on
the same shift then overtime becomes payable once the total ordinary work time
of the shift has elapsed. Provided further that where practicable an employee
engaged to work for five hours or less in any one shift may elect not to take a
meal break as otherwise provided for in this subclause without penalty to the
employer. The term "where practicable" encompasses regard being paid
to the service requirements of the employer.
(x)
(a) One twenty minute
interval (in addition to the meal break) shall be allowed each employee on duty
for a tea break during each shift. Such interval shall count as working time.
Part time and Casual employees who are engaged for less than a whole shift on
any one day shall only be entitled to one tea break of 10 minutes.
(b) Where it is not possible due to the nature
of the work performed to have one twenty minute break,
the employee may take one ten minute break and be permitted to proceed off duty
ten minutes prior to the rostered finishing time of that shift.
(c) Paragraph (b) of subclause (x) will only be
exercised in special and exceptional circumstances and with the expressed
approval of the employer in consultation with the employee.
(d) In lieu of the meal breaks in subclause
(ix) and tea breaks in this subclause, the following crib break provisions
shall apply to HealthShare Patient Transport Services (PTS) employees only;
i. HealthShare PTS employees working shifts
of less than 12 hours duration shall have one paid 30 minute
crib break to be taken between the fourth and seventh hour unless otherwise
agreed between the parties.
ii. HealthShare PTS employees working a roster
of 12 hour shifts will be entitled to two paid 30
minute crib breaks to be taken between the fourth and seventh hour and the
eighth and eleventh hour unless otherwise agreed between the parties.
iii. HealthShare PTS employees who, due to
operational requirements, are unable to take their paid crib break within the
prescribed times, or whose crib break is not completed, shall receive an
additional payment of one hour at ordinary time rates.
(xi) Subclauses (ix) and (x) of this clause,
shall not apply to an employee who is allowed two intervals of twenty minutes
each during the period of night duty but such
intervals shall count as working time and shall be paid for as such.
(xii) Changing time totalling ten minutes per shift
to count as working time is to be allowed to nurses
not permitted to travel in their work clothes.
(xiii) In addition to any other rest period and meal
break, employees who are lactating shall be entitled to two paid breaks of 30
minutes per shift for the purpose of expressing their milk or breast feeding
their child, and the employer shall provide access to suitable facilities for
such purpose.
(xiv)
(a) Except in cases of emergency, an employee
shall not be employed on night duty for a longer period than four consecutive
weeks, unless agreed otherwise between an employee and local nursing
management.
(b) Except in cases of emergency, after having
served a period of night duty, an employee shall serve an equivalent period of time off night duty before again undertaking a
period of night duty unless agreed otherwise between an employee and local
nursing management.
(c) Except in cases of emergency, an employee
shall not be required to perform night duty against their wishes during a
period of one week prior to any formal end-of-semester examination in any
course of study which has been accepted by her/his employer as meeting the
requirements for the grant of study time.
(d) This subclause shall not apply to an
Assistant Director of Nursing, a Nursing/Midwifery Unit Manager or to a
registered nurse/midwife in charge as the case may be, who
is employed permanently in charge at night.
(xv) Except in cases of emergency, an employee
changing from night duty to day duty or from day duty to night duty shall be
free from duty during the 20 hours immediately preceding the commencement of the
changed duty.
(xvi)
(a) Each employee shall be free from duty for
not less than two full days in each week or four full days in each fortnight
and no duties shall be performed by the employee on any of such free days
except for overtime. Where practicable, days off shall be consecutive and shall
not be preceded by any evening shift or a night shift unless the employee is
rostered on the same shift, ie. evening shift or night shift, as the case may
be, immediately upon his or her return to duty after days off, except by
agreement between the employee and the local nursing management. An evening shift shall be one which commences
at or after 1pm and before 4pm.
(b) An employee at his or her request, may be
given time free from duty in one or more periods but no period shall be less
than one full day.
(c) For the purpose of this subclause
"full day" means from midnight to midnight or midday to midday.
(xvii)
(a) Employees may be required to remain on
call. Any such time on call shall not be counted as time worked (except in so
far as an employee may take up actual duty in response to a call) but shall be
paid for in accordance with clause 12, Special Allowances. Provided, however,
no employee shall be required to remain on call whilst on leave or the day
before entering upon leave.
(b) Except as hereafter provided, no employee
shall be required to remain on call whilst on a rostered day off or from the
completion of the employees' shift on the day preceding a rostered day off.
(c) Paragraph (b) shall not apply where in
extreme circumstances (which shall be agreed between the employer and the Head
Office of the Association) it is necessary for a public hospital or public
health organisation in order to ensure the provision
of services, to place staff on call on rostered days off.
(xviii) An employer shall not alter the period
over which the ordinary hours of work of employees are balanced except upon
giving one month's notice of his intention so to do to the Industrial Registrar
and to the Association.
4A. Multiple Assignments
(i) Multiple assignments exist when an
employee has more than one position under this Award within the New South Wales
Health Service. Each of these positions
are referred to in this clause as "assignments".
(ii) Where an employee has multiple assignments
with different ordinary rates of pay, the employee shall be paid in relation to
the ordinary hours worked in each separate assignment at the ordinary rate of
pay applicable to that assignment.
(iii) Where an employee has multiple assignments in
the same classification, the employee will progress from one increment (year
step) to the next increment after the employee has completed the full time
equivalent of one year in the increment having regard to the work performed in
all assignments. Further, an employee
must complete a minimum of one calendar year in an increment before progressing
to the next increment. Where an employee
has multiple assignments in different classifications, the employee’s service
in the higher classification will count for the purposes of incremental
progression in the lower classification.
However, service in the lower classification shall not count for the
purposes of incremental progression in the higher classification.
(iv) With the exception of subclause (iii) above,
this clause does not apply to employees who have multiple casual assignments
only. The Award provisions are to apply
separately to each casual assignment.
Multiple
Assignments Within a Single Public Health Organisation
(v) The following provisions apply to employees
with two or more assignments within a single Public Health Organisation:
(a) The work performed in each of an employee’s
assignments shall be aggregated for the purposes of determining all of the employee’s entitlements under this Award.
Hours,
Additional Days Off and Overtime
(b) The combined total number of ordinary hours
worked under an employee’s multiple assignments shall not exceed the hours of
work as set out in Clause 4, Hours of Work and Free Time of Employees Other
than Directors of Nursing and Area Managers, Nurse Education.
(c) Where the combined total number of ordinary
hours worked under an employee’s multiple assignments is equivalent to those
set out in paragraph (i)(a) of clause 4, Hours of Work and Free Time of
Employees Other than Directors of Nursing and Area Managers, Nurse Education,
for day workers or paragraph (ii)(a) of clause 4, Hours of Work and Free Time
of Employees Other than Directors of Nursing and Area Managers, Nurse
Education, for shift workers they will be considered as a full time employee
for the purposes of the Award and:
1. that
employee is entitled to additional days off in accordance with subclause (iii)
of clause 4, Hours of Work and Free Time of Employees Other than Directors of
Nursing and Area Managers, Nurse Education, and
2. paragraph
(ii)(a) of clause 25, Overtime, shall apply for the purposes of overtime.
(d) Where the combined total number of ordinary
hours worked under an employee’s multiple assignments is less than those set
out in subclause (c) of this subclause:
1. paragraph (ii)(b) of clause 25, Overtime,
shall apply for the purposes of overtime, and
2. all ordinary hours and additional hours
paid at ordinary rates in each assignment shall be aggregated for the purposes
of paragraph (ii)(b) of clause 25, Overtime, and treated as if it were worked
under a single assignment.
(e) Where an employee is employed in an
assignment as a Nurse/Midwife Manager classified at Grade 4 or above and
paragraphs (xi)(a) - (c) of clause 25, Overtime, do not apply;
1. subparagraphs (c)(2) and (d)(1) of this
subclause shall not apply to time worked in that assignment provided that,
2. ordinary hours worked in that assignment
shall be counted for the purposes of determining whether the employee has
worked beyond 38 hours in any week.
(f) The rostering of additional days off will
be co-ordinated between the employee’s line managers to ensure that the
additional days off are proportionately rostered across the employee’s
assignments. Where an employee has
multiple assignments with different ordinary rates of pay, the additional day
off will be paid at the rate of pay relevant to the assignment in which it is
rostered.
(g) Where an employee has multiple assignments
with different ordinary rates of pay, the rate of pay used to determine the
additional hours or overtime payable shall be the rate applicable to the
assignment which generated the additional hours or overtime.
(h) Where overtime is compensated by way of
time off in lieu as set out in subclause (iv) of clause 25, Overtime, that time
off in lieu must be taken in the assignment which generated the overtime.
(i) Employees who are in full time or part
time assignments cannot be engaged on a second or further assignment as a
casual employee under the Award. Any
additional hours worked by such employees are to be remunerated in accordance
with paragraphs (c) or (d) of this subclause.
Temporary
Employees
(j) Where an employee has an assignment to
which Part III - Temporary Employees of clause 29, Part-Time, Casual and
Temporary Employees, applies, the allowance referred to at subclause (ii) of
Part III - Temporary Employees of clause 29, Part-Time, Casual and Temporary
Employees, shall only apply to hours worked in that assignment. While ever the allowance is paid, the
provisions of paragraphs (m) and (n) of this subclause shall not apply to the
temporary assignment provided that subclause (iii) of
Part III - Temporary Employees, of clause 29, Part-Time, Casual and Temporary
Employees, applies to a temporary assignment in relation to annual leave.
Employees
engaged as part-time employees as at 30 June 1986
(k) Where an employee:
1. has elected to receive the benefits set
out in subclauses (ii)-(iv) of Part IV - Savings Provisions of clause 29,
Part-time, Casual and Temporary Employees, in relation to an assignment, and
2. after the date this clause was inserted
into the Award the employee commences in a second or further permanent part
time assignment and their combined total number of ordinary hours worked in all
assignments is less than those set out in subclause (c) of this subclause;
subclauses (i)-(iv) of Part IV -
Savings Provisions of clause 29, Part-time, Casual and Temporary Employees,
shall cease to apply and the employee will be a permanent part time employee
for the purposes of the Award.
(l) Where an employee:
1. has elected to receive the benefits set
out in subclauses (ii)-(iv) of Part IV - Savings Provisions of clause 29,
Part-time, Casual and Temporary Employees, in relation to an assignment, and
2. his/her combined total number of ordinary
hours worked in all assignments is equal to or more than those set out in
paragraph (c) of this subclause,
subclauses (i)-(iv) of Part IV -
Savings Provisions of clause 29, Part-time, Casual and Temporary Employees,
shall not apply to any of their assignments.
Leave
(m) All ordinary hours worked by an employee in
multiple assignments shall count towards determining the employee’s leave
entitlements.
(n) Employees with multiple assignments shall
be entitled to take all forms of leave in any of their assignments. That is, leave accrued by an employee through
work performed in one assignment, can be taken by that employee in their other
assignment/s. Service in all assignments
will be recognised for the purposes of paragraph (i)(a) of clause 37, Sick
Leave.
(o) Where an employee has multiple assignments
with different ordinary rates of pay, the employee shall be paid for leave
taken at the rate of pay relevant to the assignment in which the leave was
taken or rostered.
(p) Where an employee’s combined total number
of ordinary hours worked in their multiple assignments is equivalent to those
set out in subclause (c) of this subclause, and that employee is required to
work their ordinary hours on a seven day basis, they
shall be entitled to six weeks annual leave in accordance with paragraph (i)(a)
of clause 30, Annual Leave.
(q) Service in all assignments will be
recognised for the purposes of entitlements under clause 34, Maternity,
Adoption and Parental Leave.
(r) Where an employee’s assignment is
terminated but the employee remains employed under another full time or part
time assignment, that employee shall not be paid out the monetary value of the
annual leave or long service leave accrued in the terminated assignment.
Disclosures,
Notifications and Approvals
(s) Employees must, at the time they apply for
any second or further assignment, disclose in writing that they are already
employed by NSW Health and provide details of that assignment including:
1. the position/s currently held
2. the facility in which the existing position/s
are worked
3. the classification/s under which they are
engaged in each position
4. the number of ordinary hours worked in
each position
5. any regular additional hours or overtime
that is worked in each position
6. whether the position/s is worked
according to a set roster and if so, the details of that roster arrangement;
and
(t) Prior to accepting an offer for a second
or further assignment, employees must provide to their current manager details
of that proposed assignment including:
1. the position they have applied for
2. the facility in which the proposed new
assignment is to be worked
3. the classification under which they would
be engaged in the new assignment
4. the number of ordinary hours to be worked
in the proposed assignment
5. whether the position is to be worked
according to a set roster and if so, the details of that roster arrangement.
(u) A Public Health Organisation may elect on
reasonable grounds to withhold the approval of a second or further assignment
to employees who are already employed in another assignment.
(v) Before accepting any change in roster or
undertaking additional hours or overtime that will impact on another
assignment, employees who hold multiple assignments must notify their current
manager of the details of their next shift in either assignment. Managers must not change rosters or require
employees to work additional hours or overtime where these will impact on the
employee’s roster in the other assignment (for example by generating overtime)
without first consulting the manager of the other assignment/s. (By way of
example, if an employee is requested by Manager 1 in Assignment 1 to undertake
additional hours in Assignment 1 that may impact on the roster in Assignment 2,
the employee must notify Manager 1 of the impact. Manager 1 must not change rosters/hours that
impact on Assignment 2 without first consulting Manager 2.)
Multiple
Assignments Across Different Public Health Organisations
(vi) Assignments in different Public Health
Organisations will be regarded as entirely separate for all purposes under the
Award, including the accrual and taking of leave. The only exceptions are the
provisions of subclause (iii) of this clause (regarding incremental
progression) and:
(a) At the time an employee commences an
assignment in another Public Health Organisation the employee’s accrued leave
will be apportioned across their assignments (for example, a 0.6 full time
equivalent Registered Nurse who commences another 0.4 full time equivalent
assignment in another Public Health Organisation will have 60% of their leave
accruals allocated to the former assignment and 40% to the latter assignment)
unless prior to commencing the new assignment the employee elects that this
apportioning does not occur. After this
apportioning, leave accrues separately in each assignment, based on the hours
worked in each assignment. The employer
will notify the employee of their right to make this election prior to the
apportioning taking place.
(b) Employees who have multiple assignments
across different Public Health Organisations at the time this clause was
inserted into this award may elect to apportion their accrued leave across
their assignments.
(c) Service in all assignments will be
aggregated for the purposes of calculating long service leave and family and
community service leave entitlements.
(d) Service in all assignments will be
recognised for the purposes of entitlements under clause 34, Maternity,
Adoption and Parental Leave.
(e) Where an employee terminates an assignment,
any leave credits that are held against that assignment will be transferred to
the remaining assignment/s.
(f) If prior to the introduction of this clause
and/or the Staff Link payroll system an employee received additional days off
and/or overtime in accordance with subclause (ii) of clause 25, Overtime, that
employee shall continue to receive those benefits until one of the assignments
is terminated.
(g) Where an employee has three or more
assignments, one or more of which are in different Public Health Organisations,
subclause (v) of this clause shall apply to those assignments which are within
a single Public Health Organisation.
Changes
to the composition of Public Health Organisations
(vii) The employer and the Association agree to
review this clause in the event that the boundaries of
any Public Health Organisation change.
(viii) Where any change to the boundaries of any
Public Health Organisation causes an employee’s multiple assignments to which
subclause (v) of this clause previously applied to then be subject to subclause
(vi) of this clause, subclause (v) of this clause shall continue to apply (to
the exclusion of subclause (vi) of this clause) to those assignments until one
of them is terminated.
5. Pilot Roster Projects
(i) Notwithstanding any other provision of
this award, Pilot Roster Projects for the purposes of trialling flexible roster
practices may be implemented on the following basis:
(a) The terms of the Pilot Roster Project shall
be agreed in writing between the employer and the Association on behalf of the
nurses participating in the project. Provided that the Association shall not
unreasonably refuse to agree to, or unreasonably delay in responding to, a
Pilot Roster Project proposed by an employer.
Provided further that where a Pilot Roster Project is proposed by the
Association or nurses and the employer does not agree to introduce a Pilot
Roster Project in the terms proposed, the employer shall provide its reasons in
writing to the Association or the nurses concerned.
(b) The terms shall include
(1) the duration of the project; and
(2) the conditions of the project; and
(3) the award provisions required to be
overridden in order to implement the project; and
(4) review mechanisms to assess the
effectiveness of the project.
(c) Whilst the Pilot Roster Project is being
conducted according to its terms, the employer shall not be deemed to be in
breach of the award by reason alone of implementing the project.
(d) Any purported Pilot Roster Project which
does not comply with this clause is not a Pilot Roster Project for the purposes
of this clause and in particular no employer shall be able to claim the benefit
of paragraph (c) when implementing such project.
(ii) The Association agrees to participate in a
review of the operation of this clause, if requested by the Ministry.
(iii) Pilot 12 hour shift
systems in place as at 1 July 2008 shall continue to operate in accordance with
the provisions of the relevant pilot agreement.
(iv) From 1 July 2008, new 12
hour shift systems may be implemented in a ward, unit or operational
area according to the provisions of subclause (v) without the requirement for a
pilot. The Association shall be advised
in writing by the employer of the intention to introduce such new systems no
later than four weeks prior to the proposed date of commencement, to enable consultation
with all potentially affected employees.
(v) The following provisions shall apply to new
12 hour shift systems commencing on or after 1 July
2008:
(a) Participation in a 12
hour shift system shall be voluntary.
Alternative shift provisions must remain available for staff who do not
agree to participate in a 12 hour shift system.
(b) The ordinary hours of work for each full time employee shall be 228 hours balanced over a six
week period. The hours shall be worked as 19 x 12 hour
shifts. The ordinary guaranteed hours of work for each part time employee shall
be balanced over a six week period. The hours shall be
worked as either 12, 10 or eight hour shifts as agreed between the employee and
the employer; or
The ordinary hours of work for each
full time employee shall be 152 hours balanced over a
four week period. The hours shall be
worked as 12 x 12 hour shifts and one x eight hour
shift. The ordinary guaranteed hours of
work for each part time employee shall be balanced over a four
week period. The hours shall be
worked as either 12, 10 or eight hour shifts as agreed between
the employee and the employer.
(c) Payment for full time employees shall be
for 76 hours per pay period at the appropriate hourly rate for each employee.
Payment for part time employees shall be the actual number of hours worked per
pay period.
(d) The day shift may have a span of up to 12.5
hours and shall include one half hour unpaid meal break and two x 20 minute paid tea breaks.
(e) The night shift may have a span of up to
12.5 hours and shall include one thirty minute unpaid
meal break and a further one hour paid break or two x 30 minute paid breaks.
(f) The maximum number of consecutive shifts
shall be three. Except that an employee
may be rostered for four consecutive shifts once in each six
week cycle at the request of the employee.
(g) Employees shall not be rostered on single
days off unless it is at the request of the employee.
(h) The minimum break between shifts shall be
11.5 hours.
(i) Rosters should reflect an equitable
distribution of day, night and weekend shifts among employees participating in
the 12 hour shift system. No more than 50% of shifts in the roster
cycle should be night shift unless otherwise agreed between the employee and
the unit manager.
(j) No overtime shall be worked in conjunction
with a 12 hour shift.
(k)
Any 12 hour
shift being replaced by either casual or agency staff will cover the full span
of the shift.
(l) An individual employee shall have the
right to withdraw from the 12 hour shift system. An
employee wishing to withdraw from the 12 hour shift
system shall provide a period of notice equivalent to the roster period. In the case of demonstrated pressing
necessity, a minimum of two weeks' notice shall be required, or such lesser period of time as may be agreed to by the public health
organisation.
(m) Where a 12 hour
shift system is in place management shall be entitled to consider whether continuation
of the system in that ward, unit or operational area remains appropriate. Where management determines after
consultation with affected employees to cease a 12 hour
shift system, three months’ notice of the intended cessation shall be given to
employees.
6. Introduction of Change
(a) Where an employer has made a definite
decision to introduce changes in organisation, structure, health service
delivery, or technology that are likely to have significant effects on
employees covered by this Award, the employer shall notify the Association and
employees who may be affected by the proposed changes. Discussions shall commence as soon as
practicable after such decision has been taken.
(b) "Significant effects" includes:
i. termination of employment;
ii. major changes in the composition,
operation or size of the employer’s workforce or in the skills required;
iii. changes in employment and/or promotional
opportunities or job tenure for a class or group of employees;
iv. the alteration of hours of work for a class
or group of employees; or
v. the need for training or transfer of a
class or group of employees to other work or location, and the restructuring of
jobs.
(c) The employer shall discuss with the
employees affected and the Association, inter alia, the introduction of the
changes referred to in subclause (a) above, the effects the changes are likely
to have on employees and any measures proposed by the employer to avert or
mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees
and/or the Association in relation to the changes.
(d) For the purpose of such discussion, the
employer shall provide to the employees concerned and the Association all
relevant information about the changes including the nature of the changes
proposed and the expected significant effects of the changes on employees. Provided
that the employer shall not be required to disclose confidential information,
the disclosure of which would adversely affect the employer, Ministry or
Director-General of Health; or is an exempt matter under the Government Information (Public Access) Act 2009 (the GIPA Act).
(e) The provision of communication during
maternity, adoption or parental leave is in accordance with Part E
Communication During Leave, of Clause 34, Maternity, Adoption and Parental
Leave.
(f) With respect to occupational health safety
matters as referred to in the Work Health
and Safety Act 2011, the provisions of that Act apply, and specifically the
provisions under Section 47, "Duty to consult workers", as varied
from time to time.
7. Hours of Work and Free Time of Directors of
Nursing and Area Managers, Nurse Education
(i) A Director of Nursing or Area Manager,
Nurse Education shall be free from duty for not less than 9 days in each
twenty-eight consecutive days and such days free from duty may be taken in one
or more periods.
(ii) If any of the days mentioned in subclause
(i) of this clause cannot be taken by reason of emergency, such day or days shall
be given and taken within 28 days of becoming due.
(ii) A Director of Nursing or Area Manager,
Nurse Education shall, where practicable, inform his or her employer giving not
less than 7 days' notice of the days he or she proposes to be free from duty;
provided that such days shall be subject to the approval of the employer, and
such approval shall not be unreasonably withheld.
8. Rosters
(i) The ordinary hours of work for each
employee, other than the Director of Nursing, shall be displayed on a roster in
a place conveniently accessible to employees.
(ii) The roster shall be displayed at least four
weeks prior to the commencing date of the first working period in the roster.
(iii) Notwithstanding the foregoing provisions of
this clause, a roster may be altered at any time to enable the nursing service
of the public hospital or public health organisation to be carried on where
another employee is absent from duty on account of illness or in an emergency:
Provided that where any such alteration involves an employee working on a day
which would otherwise have been such employee's day off, the day off in lieu
thereof shall be as mutually arranged.
(iv) Prior to the date of the changed shift, such
change of roster shall be notified verbally or in writing to the employee
concerned.
(v) Where an employee is entitled to an
additional day off duty in accordance with clause 4, Hours of Work and Free
Time of Employees other than Directors of Nursing, such day is to be shown on
the roster of hours for that employee.
(vi) All rosters shall be retained for at least
six years.
9. Salaries
(i) The minimum salaries per week to be paid
to employees shall be as set out in Table 1 of Part B.
(ii) An Enrolled Nurse without medication
qualification or Enrolled Nurse without medication qualification - Special
Grade who has the notation "does not hold a Board approved qualification
in medicines administration" removed from their registration will be
classified and paid as an Enrolled Nurse or Enrolled Nurse Special Grade
respectively from the commencement of the first full pay period following the
removal of such notation.
Provided that an Enrolled Nurse 1st
year shall not progress to Enrolled Nurse 2nd year until completion of twelve
months’ service at the 1st year rate (or for part time employees the full time
equivalent of 1,982 hours), and to the 3rd year rate until completion of twelve
months’ service at the 2nd year rate (or for part time employees the full time
equivalent of 1,982 hours), and so on throughout the scale.
(iii) Provided that a Nurse/Midwife Practitioner
shall not progress or be appointed to Nurse/Midwife Practitioner Year 3 until
completion of twelve months service at the Year 2 rate and to the Thereafter
rate until completion of twelve months service at the Year 3 rate. Accordingly, a Nurse/Midwife Practitioner
cannot be appointed directly to Nurse/Midwife Practitioner Year 3 and
thereafter.
10. Salary Sacrifice to Superannuation
(i) Notwithstanding the salaries prescribed in
clause 9, Salaries, as varied from time to time, an employee may elect, subject
to the agreement of the employee’s employer, to sacrifice a part or all of the salary payable under the salaries clause to
additional employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. The amount
sacrificed together with any salary packaging arrangements under clause 51,
Salary Packaging, of this award may be made up to one hundred (100) per cent of
the salary payable under the salaries clause, or up to one hundred per cent of
the currently applicable superable salary, whichever is the lesser.
In this clause "superannuable
salary" means the employee’s salary as notified from time to time to the
New South Wales public sector superannuation trustee corporations.
(ii) Any pre-tax and post-tax payroll deductions
must be taken into account prior to determining the
amount of available salary to be packaged. Such payroll deductions may include
but are not limited to superannuation payments, HECS payments, child support
payments, judgment debtors/garnishee orders, union fees and private health fund
membership fees.
(iii) Where the employee has elected to sacrifice a
part or all of the available payable salary to
additional employer superannuation contributions:
(a) The employee shall be provided with a copy
of the signed agreement. The salary sacrifice agreement shall be terminated at
any time at the employee’s election and shall cease upon termination of the
employee’s services with the employer.
(b) Subject to Australian Taxation Law, the
amount of salary sacrificed will reduce the salary subject to appropriate PAYE
taxation deductions by the amount sacrificed; and
(c) Any allowance, penalty rate, overtime,
payment for unused leave entitlements, weekly worker’s compensation, or other
payment, other than any payment for leave taken in service, to which an employee
is entitled under this award or any applicable award, act or statute which is
expressed to be determined by reference to an employee’s salary, shall be
calculated by reference to the salary which would have applied to the employee
under the salaries clause in the absence of any salary sacrifice to
superannuation made under this award.
(iv) The employee may elect to have the specified
amount of payable salary which is sacrificed to additional employer
superannuation contributions:
(a) paid into the superannuation scheme
established under the First State Superannuation Act 1992 as optional
employer contributions; or
(b) subject to the employer's agreement, paid
into private sector complying superannuation scheme as employer superannuation
contributions.
(v) Where an employee elects to salary
sacrifice in terms of subclause (iv) above, the employer will pay the
sacrificed amount into the relevant superannuation fund.
(vi) Where the employee is a member of a
superannuation scheme established under:
(a) the Police
Regulation (Superannuation) Act 1906;
(b) the Superannuation
Act 1916;
(c) the State
Authorities Superannuation Act 1987;
(d) the State
Authorities Non-contributory Superannuation Act 1987; or
(e) the First
State Superannuation Act 1992
The employee’s employer must ensure
that the amount of any additional employer superannuation contributions
specified in subclause (i) above is included in the employee’s superannuable
salary which is notified to the New South Wales public sector superannuation
trustee corporations.
(vii) Where, prior to electing to sacrifice a part
or all of their salary to superannuation, an employee had entered into an
agreement with their employer to have superannuation contributions made to a
superannuation fund other than a fund established under legislation listed in
subclause (vi) above, the employer will continue to base contributions to that
fund on the salary payable under clause 9, Salaries, of the award to the same
extent as applied before the employee sacrificed that amount of salary to
superannuation. This clause applies even though the superannuation
contributions made by the Employer may be in excess of
the superannuation guarantee requirements after the salary sacrifice is
implemented.
11. Leave for Matters Arising from Family
Violence
(i) In this clause family violence means
domestic violence as defined in the Crimes
(Domestic and Personal Violence) Act 2007.
(ii) The leave entitlements provided for in
clause 37, Sick Leave and clause 32, Family and Community Services Leave of
this Award may be used by staff members experiencing family violence.
(iii) Where the leave entitlements referred to in
subclause (ii) above are exhausted, the employer shall grant up to five days
special leave on full pay per calendar year to be used for absences from the
workplace to attend to matters arising from family violence situations.
(iv) The employer will need to be satisfied, on
reasonable grounds, that family violence has occurred and may require proof
presented in the form of an agreed document issued by the Police Force, a
court, a doctor, a Family Violence Support Service or
lawyer.
(v) Personal information concerning family violence
will be kept confidential by the employer.
(vi) The employer, where appropriate, may facilitate flexible working
arrangements subject to operational requirements, including changes to working
times and changes to work location, telephone number and email address.
(vii) This clause does not preclude the application of NSW Health
policies which may provide for greater benefits than those set out above.
12. Special Allowances
(i)
(a) A registered nurse in charge of a public
hospital of not more than 100 beds during the day, evening
or night in the absence of a senior nurse shall be paid, in addition to his or
her appropriate salary, whilst so in charge, the sum as set out in Item 1, of
Table 2 of Part B per shift.
(b) This subclause shall not apply to
registered nurses holding positions of a higher grade than that of clinical
nurse specialist.
(ii)
(a) An employee required by his or her employer
to be on call otherwise than as provided in (b) and (c) hereof shall be paid
the sum as set out in Item 2 of Table 2 of Part B for each hour or part thereof
with a minimum payment of eight hours at that rate.
(b) An employee required to be on call on
rostered days off in accordance with paragraph (c) of subclause (xvii) of
clause 4, Hours of Work and Free Time of Employees Other Than Directors of
Nursing, shall be paid the sum as set out in Item 3, of Table 2 of Part B for
each hour or part thereof with a minimum payment of eight hours at that rate.
(c) An employee who is directed to remain on
call during a meal break shall be paid an allowance as set out in Item 4, of
Table 2 of Part B.
(d) Where an employee on call leaves the public
hospital and is recalled to duty, he or she shall be reimbursed all reasonable
fares and expenses actually incurred provided that where an employee uses a
motor car in these circumstances, the allowance payable shall be the rate
prescribed from time to time by the Ministry for a "casual" user. The
provisions of this paragraph shall apply to all employees.
(e) This subclause shall not apply to Nurse
Managers classified at Grade 4 or above provided that the allowances prescribed
in subclauses (a) and (b) of this subclause shall be paid to Nurse Managers
classified at Grade 4, Grade 5 and Grade 6 when required to remain on call for
the purpose of the performance of clinical duties.
(iii)
(a) Where a Director of Nursing is required by
the public hospital to perform radiographic duties
he/she shall be paid in addition to his/her appropriate salary an allowance as
set out in Item 5, of Table 2 of Part B per week.
(b) The allowance prescribed by paragraph (a)
of this subclause shall apply to an employee who relieves the Director of
Nursing for a period of one week or more.
(c) An employee who is performing radiographic
duties in the absence of the Director of Nursing for a period of less than one
week shall be paid in addition to his or her appropriate salary a daily
allowance as set out in Item 6, of Table 2 of Part B, provided that the maximum
allowance per week payable in accordance with this paragraph shall not exceed
the amount set in the said Item 6.
(d) The allowance prescribed by this subclause
shall be regarded as part of the salary for the purpose of this award.
(iv) An employee required to wear a lead apron
shall be paid an allowance as set out in Item 7, of Table 2 of Part B for each
hour or part thereof that he/she is required to wear the said apron. No
employee shall be required to wear a lead apron for more than one hour without
being allowed a paid break of 10 minutes.
(v) A registered nurse who is designated to be in charge of a ward or unit during day, evening or night
shifts, when the Nursing/Midwifery Unit Manager is not rostered for duty, shall
be paid an allowance as set out in Item 8, of Table 2 of Part B per shift. Provided that the allowance shall also be
paid when the Nursing/Midwifery Unit Manager is rostered on duty if the day to day clinical management role for the shift is
delegated to a designated registered nurse/midwife. Provided further that the allowance shall
also be paid in the absence of a Nurse/Midwife Manager in facilities where the
Nurse/Midwife Manager undertakes the functions usually carried out by a Nursing/Midwifery
Unit Manager.
(vi) A registered nurse/midwife who is designated
to be in-charge of a ward or unit when the Nursing/Midwifery Unit Manager is
not rostered for duty and who is also designated to be in-charge of a public
hospital of less than 100 beds during the day, evening or night on the same
shift shall be paid an allowance as set out in Item 9, of Table 2 of Part B per
shift. Provided that this allowance
shall also be paid in facilities where the Nurse/Midwife Manager undertakes the
functions usually carried out by a Nursing/Midwifery Unit Manager.
(vii)
(a) An employee who makes their services
available and participates in an approved roster to provide emergency telephone
counselling outside their normal rostered ordinary hours shall receive the
payments prescribed in paragraphs (b), (c) and (d) of this subclause.
(b) An employee rostered to be on call shall be
paid the sum as set in Item 2 of Table 2 of Part B for each hour or part
thereof with a minimum payment of eight hours at that rate. Provided that an employee rostered on call on
rostered days off shall be paid the sum as set in Item 3, of Table 2 of Part B
for each hour or part thereof with a minimum payment of eight hours at that
rate.
(c) If during such an on call
period prescribed in paragraph (b) of this subclause an employee is required to
provide telephone counselling to a client, such employee shall be entitled to
the following payment in addition to the payment in the said paragraph (b):
1. An employee on call for telephone
counselling for up to 8 hours and is required to provide telephone counselling,
such employee is to be paid one hour at ordinary rates (excluding
penalties). If an employee receives more
than one call to provide telephone counselling, no additional payment is to be
made.
2. An employee on call for telephone
counselling for 8-16 hours and is required to provide telephone counselling,
such employee is to be paid two hours at ordinary rates (excluding penalties).
If an employee receives more than one call to provide telephone counselling, no
additional payment is to be made.
3. An employee on call for telephone
counselling for 16-24 hours and is required to provide telephone counselling,
such employee is to be paid three hours at ordinary rates (excluding
penalties). If an employee receives more
than one call to provide telephone counselling, no additional payment is to be
made.
(d) An employee called out during the period of
on call shall be entitled to the prescriptions of clause 25, Overtime.
(viii) An Enrolled Nurse or an Enrolled Nurse without
medication qualification employed in the central sterile supply department of a
public hospital, in possession of a Sterilising Technology Certificate issued
by the Sterilising Research and Advisory Council of Australia shall be paid an
allowance as set out in Item 18 of Table 2 of Part B.
(ix) A registered nurse who is designated
in-charge of a public hospital or facility of greater than 100 beds during an
evening or night shift Monday to Friday or any Saturday or Sunday shift shall
be paid an allowance per shift as set out in Item 9(b), of Table 2 of Part
B. This allowance shall not apply to
registered nurses holding positions of a higher grade than Clinical
Nurse/Midwife Specialist Grade 2. The
employer shall not use this provision on a permanent basis in place of
appointing a Nurse Manager.
13. Continuing Education Allowance
(i) An employee employed in the classification
of Registered Nurse /Midwife (years 1 to 8), Clinical Nurse Specialist/Clinical
Midwife Specialist, Nursing/Midwifery Unit Manager, Nurse/Midwife Manager Grade
1, Nurse/Midwife Manager Grade 2 or Nurse/Midwife Manager Grade 3 and above
(who satisfies the employer that she/he is engaged in clinical work for more
than 50% of her/his time) who holds a continuing education qualification in a
clinical field, in addition to the qualification leading to registration, shall
be paid a continuing education allowance, subject to the following conditions
set out below:
(a) the allowance is only payable where the
qualification is accepted by the employer to be directly relevant to the
competency and skills used by the nurse/midwife in the duties of the position;
(b) an employee holding more than one relevant
qualification is only entitled to one allowance, being the allowance of the
highest monetary value;
(c) the employee claiming entitlement to a
qualification allowance must provide evidence to the employer that they hold
that qualification within three months of obtaining the qualification or within
three months of commencing work in the relevant specialty,
unless exceptional circumstances prevent this.
(ii) Subject to the provisions in subclause (i)
of this clause, an employee who holds a post-registration hospital certificate
listed in Schedule 2 shall be paid an allowance of an amount set out in Item 20
of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(iii) Subject to the provisions in subclause (i) of
this clause, an employee who holds a post-graduate certificate shall be paid an
allowance of an amount set out in Item 21 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(iv) Subject to the provisions in subclause (i)
of this clause, an employee who holds a post-graduate diploma or degree (other
than an undergraduate nursing degree) shall be paid an allowance of an amount
set out in Item 22 of the said Table 2.
(v) Subject to the provisions in subclause (i)
of this clause, an employee who holds a masters degree
or doctorate shall be paid an allowance of an amount set out in Item 23 of the
said Table 2.
(vi) An Enrolled Nurse or an Enrolled Nurse
without medication qualification, who holds a relevant Certificate IV or
equivalent continuing education qualification in a clinical field, or Advanced
Diploma of Nursing (Enrolled/Division 2 Nursing) in addition to the
qualification leading to enrolment, shall be paid a continuing education
allowance, subject to the following conditions set out below:
(a) the allowance is only payable where the
qualification is accepted by the employer to be directly relevant to the
competency and skills used by the Enrolled Nurse or an Enrolled Nurse without
medication qualification in the duties of the position;
(b) an employee holding more than one relevant
qualification is only entitled to one allowance, being the allowance of the
highest monetary value;
(c) the employee claiming entitlement to a
qualification allowance must provide evidence to the employer that they hold
that qualification within three months of obtaining the qualification or within
three months of commencing work in the relevant specialty,
unless exceptional circumstances prevent this.
(vii) Subject to the provisions in subclause (vi)
of this clause, an Enrolled Nurse or an Enrolled Nurse without medication
qualification who holds a Certificate 4 qualification shall be paid an
allowance of an amount set out in Item 24 of the said Table 2.
(viii) Subject to the provisions in subclause (vi) of
this clause, an Enrolled Nurse or an Enrolled Nurse without medication
qualification who holds an Advanced Diploma of Nursing (Enrolled/Division 2
Nursing) qualification shall be paid an allowance of an amount set out in Item
25 of the said Table 2.
(ix) A Clinical Nurse Educator/Clinical Midwife
Educator who holds a post graduate diploma, degree, masters or doctorate in
education or a clinical field in addition to the qualification leading to
registration, or a Clinical Nurse Specialist/Clinical Midwife Specialist Grade
2 who holds a post graduate diploma, degree, masters or doctorate in a clinical
field in addition to the qualification leading to registration, shall be paid a
continuing education allowance, subject to the following conditions set out
below:
(a) the allowance is only payable where the
qualification is accepted by the employer to be directly relevant to the
competency and skills used by the registered nurse/midwife in the duties of the
position;
(b) an employee holding more than one relevant
qualification is only entitled to one allowance, being the allowance of the
highest monetary value;
(c) the employee claiming entitlement to a
qualification allowance must provide evidence to the employer that they hold
that qualification within three months of obtaining the qualification or within
three months of commencing work in the relevant specialty,
unless exceptional circumstances prevent this.
(x) Subject to the provisions in subclause (ix)
of this clause, a Clinical Nurse Educator/Clinical Midwife Educator who holds a
post graduate diploma, degree, Masters or Doctorate in education or a clinical
filed, or a Clinical Nurse Specialist/Clinical Midwife Specialist Grade 2 who
holds a post graduate diploma, degree, masters or doctorate in a clinical
field, shall be paid an allowance of the relevant amount set out at either Item
22 or 23 of the said Table 2.
(xi) The above allowances are not to be included
in the employee’s ordinary rate of pay. The allowances are payable during
periods of paid leave taken by an employee.
(xii) The continuing education allowances shall be
considered salary-related allowances for the purpose of salary and salary
related allowance increases that may occur.
(xiii) Where a dispute arises concerning the
eligibility for payment of a Continuing Education Allowance that is not
resolved by the process contained in subclauses (i) to (iv) of clause 48,
Disputes, of this Award, negotiations between the NSW Ministry of Health and
the Association must occur prior to referral to the Industrial Relations
Commission for determination.
14. Climatic and Isolation Allowances
(i) Subject to subclause (ii) of this clause,
persons employed in public hospitals or public health organisations in places
situated upon or to the west of a line drawn as herein specified shall be paid
an allowance as set out in Item 10, of Table 2 of Part B per week, in addition
to the salary to which they are otherwise entitled. The line shall be drawn as follows:
commencing at Tocumwal and thence to the following towns in the order stated -
namely Lockhart, Narrandera, Leeton, Peak Hill, Gilgandra, Dunedoo, Coolah, Boggabri,
Inverell and Bonshaw.
(ii) Persons employed in public hospitals or
public health organisations in places situated upon or to the west of a line
drawn as herein specified shall be paid an allowance as set out in the said
Item 10 per week, in addition to the salary to which they are otherwise
entitled. The line shall be drawn as
follows: commencing at a point on the right bank of the Murray River opposite
Swan Hill (Victoria), and then to the following towns in the order stated -
namely, Hay, Hillston, Nyngan, Walgett, Collarenebri
and Mungindi.
(iii) Except for the computation of overtime, the
allowances prescribed by this clause shall be regarded as part of the salary
for the purposes of this award.
(iv) The allowances prescribed by this clause are
not cumulative.
(v) An employee who works less than 38 hours
per week shall be entitled to the allowances prescribed by this clause in the
same proportion as the average hours worked each week bears to thirty eight ordinary hours.
15. Penalty Rates for Shift Work and Weekend Work
(i) Employees working afternoon or night shift
shall be paid the following percentages in addition to the ordinary rate for
such shift: Provided that employees who
work less than 38 hours per week shall only be entitled to the additional rates
where their shifts commence prior to 6am or finish subsequent
to 6pm.
Afternoon shift commencing at 10am
and before 1pm - 10%.
Afternoon shift commencing at 1pm
and before 4pm - 12.5%.
Nightshift commencing at 4pm and
before 4am - 15%.
Nightshift commencing at 4am and
before 6am - 10%.
(ii) "Ordinary rate" and
"ordinary time" shall not include any percentage addition by reason
of the fact that an employee works less than 38 hours per week.
(iii) For the purpose of this clause day, afternoon
and night shifts shall be defined as follows:
"Day shift" means a shift
which commences at or after 6am and before 10am.
"Afternoon shift" means a
shift which commences at or after 10am and before 4pm.
"Night shift" means a
shift which commences at or after 4pm and before 6am on the day following.
(iv) Employees whose ordinary working hours
include work on a Saturday and/or Sunday, shall be paid for ordinary working
hours worked between midnight on Friday and midnight on Saturday at the rate of
time and one half and for ordinary hours worked between midnight on Saturday
and midnight on Sunday at the rate of time and three quarters. These extra
rates shall be in substitution for and not cumulative upon the shift premiums
prescribed in the preceding subclause (i) of this clause.
The foregoing paragraph shall apply
to employees who work less than 38 hours per week, but such employees shall not
be entitled to be paid in addition any allowance prescribed by clause 29,
Part-time, Casual and Temporary Employees, in respect of their employment
between midnight on Friday and midnight on Sunday.
(v) The additional payments prescribed by this
clause shall not form part of the employee's ordinary pay for the purposes of
this Award, except as provided in clause 30, Annual Leave.
(vi) This clause shall not apply to Nurse/Midwife
Managers classified Grade 4 or above.
16. Fares and Expenses
(i) An employee required to travel in the
performance of duty shall be reimbursed first-class rail fares (including
sleeper accommodation) and all reasonable out-of-pocket expenses.
(ii)
(a) An employee who is engaged for an
indefinite period and who remains in the employment for at least six months
shall be reimbursed forward fares from the place of engagement, provided that
the distance of normal travel therefrom to the employment exceeds 40
kilometres.
(b) An employee who is engaged for an
indefinite period and who is dismissed within six months for any reason, other
than misconduct or inefficiency shall be reimbursed forward fares from the
place of engagement; provided that the distance of normal travel there from to
the employment exceeds 40 kilometres and shall also be reimbursed return fares
to such place of engagement or the employee's immediate destination whichever
is the cheaper.
(iii) An employee who is engaged for a definite
period and who completes the period of engagement or who is dismissed before
completing such period for any reason other than misconduct or inefficiency,
shall be reimbursed forward fares from the place of engagement provided that
the distance of normal travel therefrom to the employment exceeds 40 kilometres
and shall be reimbursed return fares to such place of engagement or to the
employee's immediate destination, whichever is the cheaper.
(iv) Subclauses (ii) and (iii) of this clause
shall not apply to nurses travelling to a midwifery training school to enter
upon midwifery training or to nurses travelling to a public hospital for
post-graduate training.
(v) Fares within the meaning of this clause
shall include only fares incurred in respect of travel within New South Wales.
(vi) An employee who claims reimbursement of
fares, pursuant to this clause, shall furnish to the employer, if so required,
satisfactory proof that she or he has not received from another employer
reimbursement in respect to those fares.
17. Special Rates and Conditions
(i) In addition to the rates prescribed by
clause 9, Salaries, the additional rates as set in Item 11, of Table 2 of Part
B shall be payable to the undermentioned employees of the Tibooburra and
Ivanhoe District Hospitals:
Registered Nurses/Midwives;
All Enrolled Nurse classifications;
or
Assistants in Nursing.
(NOTE: These additional rates are compensation for
overtime and adverse conditions.)
(ii) In addition to the annual leave prescribed
by clause 30, Annual Leave, the Director of Nursing and registered nurses at
the Tibooburra District Hospital and Ivanhoe District Hospital shall be allowed
seven days leave of absence annually on full pay.
(iii) All nurses employed by the Justice Health
Service, nurses working in the Kestrel Unit, Morisset and Court Liaison Nurses
employed by a Local Health District shall be paid a special environmental
allowance as set out in item 11A of Table 2 of Part B. Such allowance shall be
considered as salary for all purposes of this award (including the calculation
of overtime and penalty rates).and shall be adjusted from time to time in
accordance with any general wage movements in this Award. Part time and Casual employees shall be paid
this allowance on a pro rata basis.
(iv) All nurses employed by the Justice Health
Service shall be paid a productivity allowance as set out in item 11B of Table
2 of Part B. Such allowance shall be considered as salary for all purposes of
this award (including the calculation of overtime and penalty rates) and shall
be adjusted from time to time in accordance with any general wage movements in
this award. Part time and Casual employees shall be paid this allowance on a
pro rata basis.
Air
Ambulance Service
(v) In addition to the weekly rate of pay
prescribed by clause 9, Salaries, Flight Nurses shall receive the sum in Item
19 of Table 2 of Part B as an industry allowance. This allowance shall not form
part of the normal wages in respect of overtime, shift penalties or penalties
for weekends and public holidays. This allowance shall not be payable on annual
leave, long service leave or sick leave.
(vi) Reserve Duty Allowance - A Flight Nurse
required to stand by at a country centre outside normal rostered hours shall be
paid one-third of the normal hourly rate while so doing and while not engaged
in actual duties.
(vii) Unscheduled Stopovers - A Flight Nurse
required to remain away from home overnight shall be provided with
accommodation and full board of a reasonable standard which will be paid for by
the Ambulance Service.
(viii) Each five hours during a tour of duty only, a
meal allowance, as set out in subclause (ix) below shall be paid unless a meal
is provided.
(ix) The allowance per meal shall be the average
of the allowances for breakfast, lunch and dinner as determined by Item 19 of
Table 1 of the Department of Premier and Cabinet Circular C2021-03-Meal,
Travelling and Other Allowances for 2020-21 (as amended or replaced).
Team
Leader
(x) Payment of the Team Leader allowance
provided for in the Health Professionals and Medical Salaries Award ceased to
apply for employees covered by this Award from 1 July 2008, except that nurses in receipt of such an allowance immediately
prior to 1 July 2008 whose salary is in advance of the applicable rate under
the NSW Health Service Health Professionals (State) Award continue to receive
that allowance while occupying their existing role.
(xi) A registered nurse responsible for the
leadership, guidance and line management of a multi-disciplinary team of health
professionals in a community-based service whose annual salary is lower than
the relevant salary set out in the NSW Health Service Health Professionals
(State) Award for the Team Leader role shall for all purposes be paid the
difference between their salary and the applicable salary set out in the NSW
Health Service Health Professionals (State) Award for the relevant Team Leader
classification as follows:
(a) A registered nurse responsible for the
leadership, guidance and line management of a
multi-disciplinary team of up to five other full time equivalent health
professionals or other technical staff or support staff providing clinical
input in a community-based service shall be paid the base salary applicable to
Health Professional Level 3, Year 2.
(b) A registered nurse responsible for the
leadership, guidance and line management of a
multi-disciplinary team of more than five and less than 10 other full time equivalent
health professionals or other technical staff or support staff providing
clinical input in a community-based service shall be paid the base salary
applicable to Health Professional Level 4, Year 2.
(c) A registered nurse responsible for the leadership,
guidance and line management of a multi-disciplinary
team of more than 10 and less than 20 other full time equivalent health
professionals or other technical staff or support staff providing clinical
input in a community-based service shall be paid the base salary applicable to
Health Professional Level 5, Year 2.
18. Telephone Allowance
If an employee is required by his
or her employer to have a telephone installed at his or her residence for the
purposes of his or her employment, the employer shall be responsible for the
payment of -
(a) the cost of installation of the telephone
(b) three quarters of the cost of the rental of
that telephone
(c) the cost of all official calls.
19.
Work Health and Safety for Employees of Contractors and Labour Hire
Business
(i) This
clause arises from the Secure Employment Test Case 2006. For the purposes of
this subclause, the following definitions shall apply:
(a) A
"labour hire business" is a business (whether an organisation,
business enterprise, company, partnership, co-operative, sole trader, family
trust or unit trust, corporation and/or person) which has as its business
function, or one of its business functions, to supply staff employed or engaged
by it to another employer for the purpose of such staff performing work or
services for that other employer.
(b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise
have been carried out by that other employer’s own employees.
(ii) Any employer which engages a labour
hire business and/or a contract business to perform work wholly or partially on
the employer’s premises shall do the following (either directly, or through the
agency of the labour hire or contract business):
(a) consult
with employees of the labour hire business and/or contract business regarding
the workplace occupational health and safety consultative arrangements;
(b) provide employees of the
labour hire business and/or contract business with appropriate work, health and
safety induction training including the appropriate training required for such
employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(d) ensure employees of the labour hire business and/or contract
business are made aware of any risks identified in the workplace and the
procedures to control those risks.
(iii) Nothing in this clause is intended to affect or detract from any
obligation or responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers Compensation
Act 1998.
(iv) Disputes regarding the application of this clause. Where a
dispute arises as to the application or implementation of this clause, the
matter shall be dealt with pursuant to the disputes
settlement procedure of this award.
(v) This
clause has no application in respect of organisations which are properly
registered as Group Training
Organisations under the Apprenticeship and Traineeship Act 2001 (or
equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
20. Mobility, Excess Fares and Travelling
For the purpose of
this clause accustomed place of work shall mean the location where an employee
is regularly required to commence duty by the employer.
(i) An employee shall be required to proceed
to the accustomed place of work and return home once on each ordinary working
day or shift in the employee's own time and at the employee's own expense.
(ii)
(a) Where an employee is directed to report for
duty to a place of work other than the employee's accustomed place of work the
employee shall travel to and from the alternative place of work in the
employer's time for those periods in excess of time
normally taken to travel to and from the accustomed place of work.
(b) If the excess of travelling time on a
particular day or shift is greater than the prescribed ordinary hours of duty
for the particular category of staff for that day or
shift, then the excess of hours, shall be paid at the ordinary rate of pay to
the extent of the excess of travelling time.
(c) Fares incurred by such employee in excess of the fares normally incurred in travelling to
the employee's accustomed place of work and returning home from the accustomed
place of work, shall be reimbursed.
(d) Where the employee is required to report to
an alternative place of work and has the prior approval of the employer to
travel by their own mode of conveyance, the employee shall be paid a kilometre
allowance for kilometres travelled in excess of the
kilometres the employee normally travels between the accustomed place of work
and home. The kilometre allowance will be as prescribed by Item 6 of Table 1 of
the (ref clause 36.3) of Table 1 of the Department of Premier and Cabinet
Circular C2021-03-Meal, Travelling and Other Allowances for 2020-21 (as amended
or replaced).
(iii)
(a) Where an employer has determined that an
employee or employees should report to a new accustomed place of work on a
permanent basis, the decision must be discussed with the affected employee(s)
and the local branch of the relevant union(s) prior to notice of changed accustomed
place of work being given. An employer shall only make such a determination
where it is reasonable in all the circumstances to do so.
(b) The employer shall give the employee
reasonable notice of the requirement to report to a new accustomed place of
work. For the purpose of this sub-clause,
"reasonable notice" shall be one calendar month prior to the date the
employee is first required to report to the new accustomed place of work.
(c) Where the accustomed place of work is
changed on a permanent basis by the employer, the employee shall report to the
new accustomed place of work on the date specified by the employer.
(d) If there is disagreement about such
decision after such discussion or if a significant number of employees are
involved, the matter should be referred to the Ministry of Health, which will
discuss the matter with the appropriate union(s) and will determine the date
upon which notice will be given to employee(s).
(iv)
(a) The provision of this clause shall not
apply to an employee appointed to regularly perform relief duties or to
employees specifically employed to perform duties at more than one place of
work except as provided in (b) hereunder.
(b) If a reliever incurs fares in excess of the amount as set in Item 12 of Table 2 - Other
Rates and Allowances per day in travelling to and from the relief site, the
excess shall be reimbursed.
(c) Where a reliever, with the prior approval
of the employer, travels by their own mode of conveyance and incurs travelling
costs in excess of the amount as set in Item 12 per
day to and from the relief site, such excess shall be reimbursed. The rate
applicable shall be the kilometre allowance prescribed by Item 6 (ref clause
36.3) of Table 1 of the Department of Premier and Cabinet Circular C2021-03-Meal,
Travelling and Other Allowances for 2020-21 as amended or replaced).
(v) No payment shall be made under this clause
unless the employer is satisfied that the employee has incurred additional
expenditure in having to report to an alternative place of work, at the
direction of the employer.
(vi) Travel to an alternative place of work,
either by public transport or own mode of conveyance, shall in all instances be
by the most direct route.
21. Car Allowance
An employee who, with the approval
of the Chief Executive Officer or their nominee, uses on official business a
motor vehicle maintained primarily for other than official business, shall be
paid an allowance based on the rates prescribed by Item 6 (ref
clause 36.3) of Table 1 of the Department of Premier and Cabinet Circular
C2021-03-Meal, Travelling and Other Allowances for 2020-21 (as amended or
replaced)."
22. Provision of Communication Device
An employee who is required to
visit clients away from a secure working environment shall, during the
performance of such duties, be provided with a suitable and effective
communication device. The provision of this equipment is intended to improve
service delivery, together with enhancing the safety and wellbeing of the
employee.
23. Uniform and Laundry Allowances
(i) Subject to subclause (ii) of this clause,
sufficient, suitable and serviceable uniforms,
including one pair of shoes per annum which shall be of a recognised acceptable
standard for the performance of nursing duties, shall be supplied free of cost
to each employee required to wear a uniform. An employee to whom a new uniform
or part of a uniform has been issued who, without good reason, fails to return
the corresponding article last supplied shall not be entitled to have such
article replaced without payment therefore at a reasonable price.
(ii) An employee, on leaving the service of an employer,
shall return any uniform or part thereof supplied by that employer which is still in use immediately prior to leaving.
(iii)
(a) In lieu of supplying uniforms and shoes to
an employee, an employer shall pay the said employee the sum as set out in Item
13 of Table 2 of Part B per week, which includes a sum as set in the said Item
13 per week for shoes. Provided,
however, that if a uniform includes a cardigan or jacket an additional amount
as set in the said Item 13 per week shall also be paid.
(b) The allowances prescribed in this subclause
continue to be payable during any period of paid leave.
(iv)
(a) If, in any public hospital or public health
organisation, the uniforms of an employee are not laundered at the expense of
the employer, an allowance as set out in Item 14, of Table 2 of Part B per week
shall be paid to the said employee. Provided that this allowance is not payable
during any period of leave which exceeds one continuous week.
(b) This allowance is also payable to employees
providing direct clinical care and who are not required to wear a uniform.
(v) Where the employer requires any employee to
wear headgear, the employer shall provide headgear free of charge to the
employee.
(vi) Each employee whose duties regularly require
them to work out of doors shall be supplied with a suitable waterproof coat,
hat and overboots. Sufficient waterproof clothing shall be made available for
use by other employees who in the course of their duties are exposed to wet
weather.
(vii) The Ambulance Service shall provide for each
employee sufficient suitable and serviceable uniforms, including the following
articles of clothing:
(a) For female employees:
1 Uniform Jacket
3 Culotte Mid-weight Skirts
2 Winter weight Culotte Skirts
3 Slacks
4 Blouses (2 long sleeve, 2 short
sleeve)
1 Pair of Shoes
1 Handbag
1 Cardigan
1 Raincoat
1 Parka
(b) For male employees - The equivalent items
of clothing of the NSW Ambulance Service officers' uniform shall be provided.
24. Higher Grade Duty
(i) An employee who is called upon to relieve
and does relieve an employee in a higher classification or is called upon to
act and does act in a vacant position of a higher classification for a
continuous period of at least five working days shall be entitled to receive
for the period of such relief or acting, the minimum payment for such higher
classification. The employer shall not
rotate the performance of higher grade duty so as to
avoid payment for performance of the higher grade duty in this manner.
(ii) Where an employee acts in a vacant
management position covered by this Award continuously for more than six
months, the employee will be deemed to be appointed to that position until such
time as another appointment is made by the employer, or the employer determines
that the management position will no longer be occupied. The employer shall have appropriate regard to
the sharing of acting arrangements for developmental purposes and equitable
treatment of employees, but the employer shall not rotate duties in such a
manner as to avoid the intentions of this subclause.
25. Overtime
(i)
(a) Subject to paragraph (b) of this subclause
an employer may require an employee to work reasonable overtime.
(b) An employee may refuse to work overtime in
circumstances where the working of such overtime would result in the employee
working hours which are unreasonable.
(c) For the purposes of paragraph (b), what is
unreasonable or otherwise will be determined having regard to:
(i) any risk to employee health and safety;
(ii) the employee’s personal circumstances
including any family and carer responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the employer of
the overtime and by the employee of his or her intention to refuse it; and
(v) any other relevant matter.
(ii)
(a) Subject to paragraph (b) of this subclause
all time worked by employees in excess of the rostered
daily ordinary hours of work shall be overtime and shall be paid for at the
rate of time and one half for the first two hours and double time thereafter in
respect of each overtime shift worked or in respect of overtime worked prior to
or at the conclusion of a normal shift. Provided that overtime worked on
Sundays shall be paid for at the rate of double time and on public holidays at
the rate of double time and one half.
(b) Employees employed
pursuant to Part 1 of clause 29, Part Time, Casual and Temporary Employees, (i.e. Permanent Part-Time Employees) shall be
entitled to payment for overtime in accordance with the arrangements set out in
NSW Health Policy Directive PD2018_033 Nurses and Midwives - Permanent
Part-time - Overtime provisions for on call roster, as amended from time to
time. Overtime shall be paid for at the rate of time and one half for the first
two hours and double time thereafter except that on Sundays such overtime shall
be paid for at the rate of double time and on public holidays at the rate of
double time and one half.
(iii) An employee recalled to
work overtime after leaving the employer's premises shall be paid for a
minimum of four hours work at the appropriate rate each time so recalled. If
the work required is completed in less than four hours, the employee shall be
released from duty.
(iv) In lieu of the conditions specified in
subclauses (ii) and (iii) of this clause, a nurse who works overtime may be
compensated by way of time off in lieu of overtime, subject to the following
requirements:
(a) Time off in lieu must be taken within three
months of it being accrued at ordinary rates.
(b) Where it is not possible for a nurse to
take the time off in lieu within the three month
period, it is to be paid out at the appropriate overtime rate based on the
rates of pay applying at the time payment is made.
(c) Nurses cannot be compelled to take time off
in lieu of overtime.
(d) Time off in lieu of overtime should only be
considered as an option in those circumstances where the employer is able to
provide adequate replacement staff to ensure that the level of quality of
service that would otherwise have been provided had overtime been worked, is in
fact provided.
(e) Records of all time off in lieu owing to
nurses and taken by nurses must be maintained.
(v) An employee required to work overtime
following on the completion of his or her normal shift for more than two hours
shall be allowed twenty minutes for the partaking of a meal and a further
twenty minutes after each subsequent four hours overtime; all such time shall
be counted as time worked. Provided that the benefits of this subclause shall
not apply to an employee employed pursuant to Part 1 of clause 29, Part-Time,
Casual and Temporary Employees, until the expiration of the normal shift for a majority of the full-time employees employed on that shift
in the ward or section concerned.
(vi) An employee recalled to
work overtime after leaving the employer's premises and who is required
to work for more than four hours shall be allowed twenty minutes for the
partaking of a meal and further twenty minutes after each subsequent four hours
overtime; all such time shall be counted as time worked.
(vii)
(a) The meals referred to in subclause (v) and
(vi) of this clause shall be allowed to the employee free of charge. Where the
employer is unable to provide such meals, an allowance per meal as calculated
hereunder shall be paid to the employee concerned.
(b) The allowance per meal shall be the average
of the allowances for breakfast, lunch and dinner as determined by Item 19 of
Table 1 of the Treasury Circular Industrial Relations NSW TC 17-10 Review of
Meal, Travelling and Other Allowances (as amended or replaced)
(viii) Where an employee is required to work an
overtime shift on his or her rostered day off, the appropriate meal breaks for
that shift, as prescribed by clause 4, Hours of Work and Free Time of Employees
Other Than Directors of Nursing, shall apply.
(ix) An employee who works so much overtime:
(a) between the termination of his or her
ordinary work on any day or shift and the commencement of his or her ordinary
work on the next day or shift that he or she has not had at least ten
consecutive hours off duty between these times; or
(b) on a Saturday, a Sunday and a holiday, not
being ordinary working days, or on a rostered day off without having had ten
consecutive hours off duty in the twenty-four hours preceding his or her
ordinary commencing time on his or her next day or shift;
shall, subject to this subclause,
be released after completion of such overtime until he or she has had ten
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence. If on the
instruction of the employer such an employee resumes or continues to work
without having had such ten consecutive hours off duty
he or she shall be paid at double rates until released from duty for such
period and he or she then shall be entitled to be absent until he or she has
had ten consecutive hours off duty without loss of pay for ordinary working
time occurring during such absence.
(c) The requirement for an employee to have at
least ten consecutive hours off duty before or after overtime shall be reduced
to eight hours in the following circumstances:
(i) Where the employee and local nursing
management have agreed to an eight hour break between
each rostered shift;
(ii) Where an employee has exchanged the shift
rostered before or after the overtime period with another employee.
(d) Periods rostered on-call or periods
attracting the prescriptions of paragraph (c) of subclause (vii) of clause 12,
Special Allowances, regarding telephone counselling are to be regarded as
forming part of the ten consecutive hours off duty pursuant to paragraphs (a)
and (b) of this subclause.
(x) Where an employee has been rostered to work
overtime and is subsequently notified by the employer with less than 24 hours
notice that the overtime has been cancelled, the employee shall be entitled to
payment of four hours pay at ordinary time, i.e. at
the employee's base rate of pay.
(xi) This clause shall not apply to Nurse/Midwife
Managers classified at Grade 4 or above, except where all of
the following criteria are met:
(a) the Nurse/Midwife Manager is employed in a
small public hospital that does not employ Nurse/Midwife Managers to supervise
the nursing/midwifery services on evenings, nights and/or weekends; and
(b) the Nurse/Midwife Manager is required to
work overtime due to the public hospital having insufficient nursing/midwifery
staff available to be rostered on duty at the relevant time; and
(c) the Nurse/Midwife Manager is required to
work overtime in order to personally provide
"hands on" clinical care of patients.
26. Escort Duty
(i) Periods during which an employee, other
than a Director of Nursing, is engaged in nursing duties, viz., in attendance
on a patient, shall be paid as working time under this award. Where applicable,
overtime shall be payable.
(ii) All reasonable out of pocket expenses shall
be reimbursed.
(iii) Rostered time shall be paid as such even
though an employee may be travelling, in hotel/motel accommodation or waiting
for transport.
(iv) In respect of non-rostered time not spent in
nursing duties:
(a) Periods in hotel/motel accommodation or
waiting time for transport shall not be counted as working time;
(b) Periods in travelling shall count as
working time.
27. Payment and Particulars of Salaries
(i) All salaries and other payments shall be
paid fortnightly provided that payment for any
overtime and/or shift penalties worked may be deferred to the pay day next
following the completion of the working cycle within which such overtime and or
shift penalties is worked, but for no longer.
Provided further that any proposal to alter the day on which wages are
to be paid or the number of days pay kept in hand by the employer, must be the
subject of consultation with the Head Office of the Association.
(ii) Employees shall have their salary paid into
one account with a bank or other financial institution in New South Wales as
nominated by the employee. Salaries shall be deposited by the employer in
sufficient time to ensure that wages are available for withdrawal by employees
by no later than payday, provided that this requirement shall not apply where
employees nominate accounts with non-bank financial institutions which lack the
technological or other facilities to process salary deposits within 24 hours of
the employer making their deposits with such financial institutions but in such
cases the employer shall take all reasonable steps to ensure that the wages of
such employees are available for withdrawal by no later than payday.
(iii) Notwithstanding the provisions of subclause
(ii) of this clause, an employee who has given or has been given the required
notice of termination of employment, in accordance with clause 45, Termination
of Employment, shall be paid all monies due to him/her prior to ceasing duty on
the last day of employment. Where an employee is summarily dismissed or his/her
services are terminated without due notice, any monies due to him/her shall be
paid as soon as possible after such dismissal or termination but, in any case
not more than three days thereafter.
(iv) On each payday an employee, in respect of
the payment then due, shall be furnished with a written or electronic statement
containing the following particulars; employee’s name, the amount of ordinary
salary, the total number of hours of overtime worked, if any, the amount of any
overtime payment, the amount of any other monies paid and the purpose for which
they are paid, and the amount of the deductions made from the total earnings
and the nature thereof.
(v) Underpayment and overpayment of
salaries: The following process will
apply once the issue of underpayment or overpayment is substantiated.
(a) Underpayment:
(i) If the amount paid is equal to or greater
than one day’s gross base pay the underpayment will be
rectified within three working days;
(ii) If the amount is less than one day’s gross
base pay it will be rectified by no later than the next normal pay. However, if the employee can demonstrate that
rectification in this manner would result in undue hardship every effort will
be made by the employer to rectify the underpayment within three working days.
(b) Overpayment
(i) In all cases where overpayments have
occurred, the employer shall as soon as possible advise the employee concerned
of both the circumstances surrounding the overpayment and the amount involved.
The employer will also advise the employee of the pay period from which the
recovery of the overpayment is to commence.
(ii) One off overpayments
will be recovered in the next normal pay, except that where the employee can
demonstrate that undue hardship would result, the recovery rate shall be at 10%
of an employee's gross fortnightly base pay.
(iii) Unless the employee agrees otherwise, the
maximum rate at which cumulative overpayments can be recovered is an amount,
calculated on a per fortnight basis, equivalent to 10% of the employee's gross
fortnightly base pay.
(iv) The recovery rate of 10% of an employee's
gross fortnightly base pay referred to in subparagraph (b)(iii) above may be
reduced by agreement, where the employee can demonstrate that undue hardship
would result.
(v) Where an employee's remaining period of
service does not permit the full recovery of any overpayment to be achieved on
the fortnightly basis prescribed in paragraph (b)(iii) above, the Ministry
shall have the right to deduct any balance of such overpayment from monies
owing to the employee on the employee's date of termination, resignation
or retirement, as the case may be.
(vi) Subject to the provisions of subparagraphs
(ii) and (iii) above, where the circumstances make it appropriate the Chief
Executive of the Public Health Organisation or delegate may exercise discretion
in regard to recovery of overpayments.
28. Registration Pending
An employee who has met the
requirements and applied for registration as a Registered Nurse or Enrolled
Nurse shall, upon registration by the Board be paid as from the date of
application for registration the salary to which she or he would have been
entitled if registered as a Registered Nurse or Enrolled Nurse.
29.
Part-Time, Casual and Temporary Employees
PART I
PERMANENT PART-TIME EMPLOYEES
(i) A permanent part-time employee is one who
is permanently appointed by a public hospital or public health organisation to
work a specified number of hours which are less than those prescribed for a
full-time employee. Provided that employers must not utilise this provision in
a manner which has the effect of subverting the intentions of the 38-hour week
arrangements whereby full-time employees work on no more than 19 days in each 28 day roster cycle.
(ii) The number of persons employed under Part 1
of this clause shall be limited so that the proportion of a public hospital's
permanent part-time nursing workforce, expressed in full-time equivalents, shall
not exceed 33 1/3 per cent of the public hospital's total nursing workforce,
expressed in full-time equivalents. Provided that where the consent of the
Association is first obtained, the figure of 33 1/3 per cent permanent
part-time employees may be exceeded. Should the Association not consent to a
higher percentage of permanent part-time employees at a public hospital, resort
may be had to the dispute settling procedures provided for in clause 48,
Disputes. The parties agree that they will take account of the Government’s
flexible work practices policy.
(iii) Subject to subclause (iv) of this clause
employees engaged under Part 1 of this clause shall be paid an hourly rate
calculated on the basis of one thirty-eighth of the appropriate rate prescribed
by clause 8, Salaries, with a minimum payment of two hours for each start, and
one thirty-eighth of the appropriate allowances prescribed by clause 19,
Uniform and Laundry Allowances, but shall not be entitled to an additional day
off or part thereof as prescribed by subclauses (iii) and (v) of clause 4,
Hours of Work and Free Time of Employees Other Than Directors of Nursing and
Area Managers, Nurse Education.
(iv) Four weeks annual leave on ordinary pay is
to be granted on completion of each twelve months service, The provisions of
subclauses (v) to (xi) of clause 30, Annual Leave, and clause 31, Annual Leave
Loading, shall apply to employees engaged under Part 1 of this clause. The
remaining provisions of clause 30 shall not apply.
(v) A public holiday occurring on an ordinary
working day shall be allowed to employees without loss of pay; provided that an
employee who is required to and does work on a public holiday shall have one
day or one half day, as appropriate, added to his/her
period of annual leave and be paid at the rate of one half time extra for the
time actually worked. Such payment is in lieu of any additional rate for shift
work or weekend work which would otherwise be payable had the day not been a
public holiday. In lieu of adding to
annual leave under this paragraph an employee may elect to be paid for the time
actually worked at the rate of time and one half in
addition to his/her ordinary weekly rate. Where payment is made in lieu of
leave in respect of time worked on a public holiday, payment shall be made for
a minimum of four hours work, and any balance of the day or shift not worked
shall be paid at ordinary rates. For employees who work less than five days per
week, when a public holiday occurs on a day of the week on which an employee
regularly works, that employee shall be entitled to observe the public holiday
without loss of pay, i.e. the employee’s roster must
not be changed to avoid payment of the public holiday.
(vi) To the leave prescribed by subclause (iv) of
this Part there shall be added one working day for each public holiday or
one-half working day for each half public holiday which occurs on what would
have been an ordinary working day during a period of annual leave.
(vii) For the purpose of this Part of this clause
the following are to be public holidays, viz., New Year's Day, Australia Day,
Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday,
Labour Day, Christmas Day, Boxing Day and any other
day duly proclaimed and observed as a public holiday within the area in which
the employee’s usual workplace is situated.
(viii) In addition to those public holidays prescribed
in subclause (vii) of this Part, there shall be an extra public holiday each
year. Such public holiday will occur on the August Bank Holiday or a date which
is determined by the public hospital or public health organisation following
consultation with the Association. This subclause shall apply in substitution
for any additional local public holiday or half public holiday proclaimed in a
local government area.
(ix) In this Part, ordinary pay, for the purposes
of sick leave and annual leave, shall be calculated on the
basis of the average weekly ordinary hours worked over the 12 months'
qualifying period.
(x) Employees engaged under this Part shall be
entitled to all other benefits of this award not otherwise expressly provided
for herein in the same proportion as their ordinary hours of work bear to
full-time hours.
(xi) Where a permanent part-time employee has
been rostered to work any additional shift and is subsequently notified by the
employer with less than 24 hours’ notice that the shift has been cancelled, the
employee shall be entitled to payment of four hours pay at ordinary time, i.e. at the employee's base rate of pay.
(xii) A part time employee may elect to increase
their contracted hours to reflect the average of the actual hours worked per
fortnight in the preceding 12 month period (except in
circumstances where the part time engagement has been specifically for the
purpose of temporarily backfilling a position where the substantive occupant
has been on extended leave). The employer will not unreasonably withhold
agreement to this request.
(xiii) A part time employee may elect to convert to
full time status. The employer will not unreasonably withhold such agreement to
this request.
PART II
CASUAL
EMPLOYEES
A. General
Provisions
(i) A casual employee is one engaged on an
hourly basis otherwise than as a permanent part-time or full-time employee.
(ii) A casual employee shall be paid an hourly
rate calculated on the basis of one thirty-eighth of
the appropriate rate, prescribed by clause 9, Salaries, plus 10 per centum
thereof, with a minimum payment of two hours for each start, and one
thirty-eighth of the appropriate allowances prescribed by clause 23, Uniform
and Laundry Allowances.
(iii) With respect to a casual employee the
provisions of clause 41, Deputy Directors of Nursing, Assistant Directors of
Nursing; clause 7, Hours of Work and Free time of Directors of Nursing and Area
Managers, Nurse Education; clause 25, Overtime; clause 30, Annual Leave; clause
16, Fares and Expenses; clause 20, Mobility, Excess Fares and Travelling,
clause 55, Learning and Development Leave and subclause (vii) of clause 38,
Accommodation and Board, shall not apply.
Further, casual employees shall not
be entitled to an additional day off or part thereof as prescribed by
subclauses (iii) and (v) of clause 4, Hours of Work and Free Time of Employees
Other Than Directors of Nursing and Area Managers, Nurse Education.
(iv) For the entitlement to payment in respect of
annual leave, see Annual Holidays Act
1944.
(v) A casual employee who is required to and
does work on a public holiday as defined in subclauses (iii) and (iv) of clause
30, Annual Leave, shall be paid for the time actually worked at the rate of
double time and one-half such payment being in lieu of weekend or shift
allowances which would otherwise be payable had the day not been a public
holiday; provided that a casual employee shall not be entitled to be paid in
addition the allowance of 10 per centum prescribed in subclause (ii) of Part II
in respect of such work.
(vi) Where a casual employee has been notified by
an employer of a time to commence an engagement and that engagement is
subsequently cancelled by the employer with less than two hours’ notice the
casual employee must be paid a minimum payment of two hours calculated at the
rate which would have applied had the cancellation not occurred.
(vii) A casual employee must not be required to work
more than 12 consecutive hours unless the casual employee consents to do so.
B. Casual
Conversion
(i) The objective of this subclause B, Casual
Conversion, is for the employer to take all reasonable steps to provide its
employees with secure employment by maximising the number of permanent
positions in the employer’s workforce, in particular by
ensuring that casual employees have an opportunity to elect to become full-time
or part-time employees. These provisions arise from the Secure Employment Test
Case 2006.
(ii) A casual employee engaged by a particular
employer on a regular and systematic basis for a sequence of periods of
employment under this Award during a calendar period of six months shall
thereafter have the right to elect to have his or her ongoing contract of
employment converted to permanent full-time employment or part-time employment
if the employment is to continue beyond the conversion process prescribed by
this subclause.
(iii) Every employer of such a casual employee
shall give the employee notice in writing of the provisions of this sub-clause
within four weeks of the employee having attained such period of six months.
However, the employee retains his or her right of election under this subclause
if the employer fails to comply with this notice requirement.
(iv) Any casual employee who has a right to elect
under paragraph (ii), upon receiving notice under paragraph (iii) or after the
expiry of the time for giving such notice, may give four weeks’ notice in
writing to the employer that he or she seeks to elect to convert his or her
ongoing contract of employment to full-time or part-time employment, and within
four weeks of receiving such notice from the employee, the employer shall
consent to or refuse the election, but shall not unreasonably so refuse. Where
an employer refuses an election to convert, the reasons for doing so shall be
fully stated and discussed with the employee concerned, and a genuine attempt
shall be made to reach agreement. Any dispute about a refusal of an election to
convert an ongoing contract of employment shall be dealt with as far as
practicable and with expedition through the disputes
settlement procedure.
(v) Any casual employee who does not, within
four weeks of receiving written notice from the employer, elect to convert his
or her ongoing contract of employment to full-time employment or part-time
employment will be deemed to have elected against any such conversion.
(vi) Once a casual employee has elected to become
and been converted to a full-time employee or a part-time employee, the
employee may only revert to casual employment by written agreement with the
employer.
(vii) If a casual employee has elected to have his or
her contract of employment converted to full-time or part-time employment in
accordance with paragraph (iv), the employer and employee shall, in accordance
with this paragraph, and subject to paragraph (iv), discuss and agree upon:
(a) whether the employee will convert to
full-time or part-time employment; and
(b) if it is agreed that the employee will
become a part-time employee, the number of hours and the pattern of hours that
will be worked either consistent with any other part-time employment provisions
of this award or pursuant to a part time work agreement made under Chapter 2,
Part 5 of the Industrial Relations Act
1996 (NSW).
Provided that an employee who has
worked on a full-time basis throughout the period of casual employment has the
right to elect to convert his or her contract of employment to full-time
employment and an employee who has worked on a part-time basis during the
period of casual employment has the right to elect to convert his or her
contract of employment to part-time employment, on the basis of the same number
of hours and times of work as previously worked, unless other arrangements are
agreed between the employer and the employee.
(viii)
Following an agreement being reached
pursuant to paragraph (vii), the employee shall convert to full-time or
part-time employment. If there is any dispute about the arrangements to apply
to an employee converting from casual employment to full-time or part-time
employment, it shall be dealt with as far as practicable and with expedition through
the disputes settlement procedure.
(ix) An employee must not be engaged and
re-engaged, dismissed or replaced in order to avoid
any obligation under this subclause.
PART III
TEMPORARY
EMPLOYEES
(i) A temporary employee is one engaged for a
set period not exceeding 13 weeks, provided that fixed term contracts of
employment, whether for periods greater or lesser than 13 weeks, must not be
offered in preference to ongoing contracts unless they are necessary to meet
the genuine operational requirements of the employer, which may include but not
be limited to parental leave, limited term funding arrangements, long term
leave relief, forthcoming service reductions, and anticipated peak demand
times.
(ii) A temporary employee shall be paid in
addition to all rates and allowances to which the said employee is entitled
under this award, an allowance equal to 10 per centum of the rates prescribed
for his or her classification by clause 8, Salaries, of this award, provided
that this subclause shall cease to apply upon:
(a) the said period of engagement being
extended after the said period of 13 weeks;
(b) the employer and the employee agreeing
during the said period of 13 weeks, that the employee shall be employed on a
permanent part-time or full-time basis.
(iii) For entitlement to payment in respect of
annual leave, see Annual Holidays Act
1944.
PART IV
SAVINGS
PROVISIONS
(i) Employees engaged as part-time employees
as at 30 June 1986 shall be entitled to exercise the
option of receiving the benefits of employment specified in Part 1 of this
clause or in lieu thereof the following:
(ii) Such part-time employee shall be paid an
hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate prescribed by clause 9, Salaries, plus 10
per centum thereof with a minimum payment of two hours for each start, and one
thirty-eighth of the appropriate allowance prescribed by clause 23, Uniform and
Laundry Allowances.
(iii) With respect to such part-time employees, the
provisions of clause 41, Deputy Directors of Nursing, Assistant Directors of
Nursing; clause 7, Hours of Work and Free Time of Directors of Nursing and Area
Managers, Nurse Education; clause 25, Overtime; clause 30, Annual Leave; clause
16, Fares and Expenses; clause 20, Mobility, Excess Fares and Travelling and
subclause (vii) of clause 38, Accommodation and Board, of this award shall not
apply. Further, part-time employees shall not be entitled to an additional day
off or part thereof as prescribed by subclauses (iii) and (v) of clause 4,
Hours of Work and Free Time of Employees Other Than Director of Nursing and
Area Managers, Nurse Education.
(iv) For entitlement to payment in respect of
annual leave, see Annual Holidays Act
1944.
(v) Such part-time employee who is required to
and does work on a public holiday as defined in subclause (iii) and (iv) of
clause 30, Annual Leave, shall be paid for the time actually worked at the rate
of double time and one half such payment being in lieu of weekend or shift
allowances which would otherwise be payable had the day not been a public
holiday; Provided that a part-time employee shall not be entitled to be paid in
addition the allowance of 10 per cent prescribed in subclause (ii) of this Part
in respect of such work.
(vi) The provisions of subclauses (i) and (ii) of
clause 33, Long Service Leave of this award shall not apply to such part-time employees
who shall be entitled to long service leave in accordance with the provisions
of the Long Service Leave Act 1955.
30. Annual Leave
(i) Annual leave on full pay is to be granted
on completion of each twelve months' service as follows:
(a) Employees required to work on a seven day basis - six weeks annual leave.
(b) All other employees - four weeks annual
leave.
(ii)
(a) An employee to whom paragraph (a) of
subclause (i) of this clause, applies and who is required to and does work on a
public holiday shall be paid, in addition to the appropriate ordinary weekly
rate of pay, at the rate of one half time extra for the time actually
worked on such holiday. Such payment shall be in lieu of any additional
rate for shift work or weekend work which would otherwise be payable had the
day not been a public holiday.
(b) To leave prescribed by paragraph (a) of
subclause (i), there shall be added one working day or one
half working day for each public holiday or half public holiday (not
being one of the 10 specifically named public holidays prescribed by subclause
(iii) of this clause, or a substituted day proclaimed in lieu of any of them)
which may occur during the qualifying period for annual leave or during the
period of annual leave.
(c) A public holiday occurring on an ordinary
working day shall be allowed to employees covered by paragraph (b) of subclause
(i) on full pay; provided that an employee who is required to and does work on
a public holiday shall have one day or one half day,
as appropriate, added to his/her period of annual leave and be paid at the rate
of one half time extra for the time actually worked. Such payment is in lieu of
any additional rate for shift work or weekend work which would otherwise be
payable had the day not been a public holiday.
In lieu of adding to annual leave
under this paragraph an employee may elect to be paid for the time actually worked at the rate of time and one half in addition
to his/her ordinary weekly rate. Where payment is made in lieu of leave in respect
of the time worked on a public holiday, payment shall be made for a minimum of
four hours work, and any balance of the day or shift not worked shall be paid
at ordinary rates.
(d) Where a public holiday falls on a rostered
day off of a shift worker as defined in clause 3,
Definitions, and who receives four weeks annual leave in accordance with
paragraph (b) of subclause (i) of this clause, such shift worker shall be paid
one day's pay in addition to the weekly rate or if the employee so elects shall
have one day added to the period of annual leave.
(e) To the leave prescribed by paragraph (b) of
subclause (i) there shall be added one working day for each public holiday or
one half working day of each half public holiday which occurs on what would have
been an ordinary working day during a period of annual leave; provided that in
the case of a shift worker referred to in paragraph (d) of this subclause the
provisions of this paragraph shall apply to any public holiday falling during
the period of annual leave.
(iii) For the purpose of this subclause the
following are to be public holidays viz., New Year's Day, Australia Day, Good
Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour
Day, Christmas Day, Boxing Day and any other day duly
proclaimed and observed as a public holiday within the area in which the
employee’s usual workplace is situated.
(iv) In addition to those public holidays
prescribed in subclause (iii) of this clause, employees are entitled to an
extra public holiday each year. Such
public holiday will occur on a day in the Christmas-New Year period as
determined by the employer following consultation with the Association, or
other suitable day as agreed between the employer and the Association. Such public holiday shall be regarded for all
purposes of this clause as any other public holiday. This subclause shall apply in substitution
for any additional local public holiday or half public holiday proclaimed in a
local government area.
(v) An employee shall be eligible for annual
leave when 12 months have elapsed since the date on which the first annual
leave would have begun if taken immediately it had become due, or if the
employee has not previously had annual leave, since the commencement of
employment.
(vi) Annual leave shall be given and taken either
in one consecutive period or two periods, or if the employer and employee so
agree, in either two, three, or four separate periods but not otherwise. Provided that up to five single days per year
may be taken at times convenient to both the employer and the employee.
(vii)
(a) Annual leave shall be given and shall be
taken within a period of six months after the date when the right to annual
leave accrued; provided that the giving and taking of such leave may be
postponed, by mutual agreement between the parties for a further period not
exceeding six months.
(b) Nothing in this subclause shall prevent an
employer by agreement with the employee, from allowing annual leave to an
employee before the right thereto has accrued but where leave is taken in such
a case a further period of annual leave will not commence to accrue until the
expiration of the 12 months in respect of which annual leave was taken before
it accrued.
(c) The employer shall give each employee,
where practicable, three months notice of the date upon which he or she shall
enter upon leave and in any event, such notice shall not be less than 28 days.
(viii)
(a) Each employee before going on leave shall
be paid for the period of the leave at the ordinary rate of salary to which he
or she is entitled under this award.
(b) For the purpose of this subclause
"ordinary rate of salary" means the award salary without any
deduction for accommodation and/or board, provided that the employer is
entitled to make such deduction for accommodation as is authorised by clause
38, Accommodation and Board, of this award, if the employee, having been
requested by the employer to leave his or her room completely vacant during the
period of annual leave, fails to do so.
(c) An employee to whom paragraph (a) of
subclause (i) applies shall be paid during the first 28 consecutive days whilst
on annual leave his or her ordinary rate of salary plus shift allowances and
weekend penalties relating to ordinary time the employee would have worked if
he or she had not been on annual leave. Additional annual leave accrued under
subclause (xi) attracts shift allowances and weekend penalties relating to
ordinary time the employee would have worked if he or she had not been on
annual leave.
Provided that, the provisions of
the preceding paragraphs of this subclause shall not apply to public holidays
which occur during a period of annual leave or days which have been added to
annual leave in accordance with paragraph (b) of subclause (ii) and subclause
(iv) of this clause.
(ix) Except as provided in subclause (x) and (xi)
of this clause payment for annual leave shall not be made or accepted in lieu
of annual leave.
(x) Where the employment of an employee is
terminated, the employee shall be entitled to receive, in addition to all other
amounts due, in respect of service of less than one year an amount equal to one
twelfth (6/46ths in respect of employees rostered to work on a seven day basis)
of his or her ordinary pay for that period of employment together with payment
for any days added to annual leave in accordance with subclause (ii) of this
clause and in calculating such payment no deduction is to be made for
accommodation or board. Provided that this subclause shall not apply to an
employee who elects to transfer his or her leave entitlement in accordance with
NSW Health Policy Directive No. PD2022_006 Leave Matters for the NSW Health
Service, as amended from time to time.
(xi)
(a) In addition to the leave prescribed by
subclause (i) employees who work their ordinary hours on Sundays and/or public
holidays are entitled to receive additional annual leave as follows:
Number
of ordinary shifts worked on Sundays and/or public holidays during qualifying
period of employment for annual leave purposes
|
Additional
Annual Leave
|
4
to 10
|
1
day
|
11
to 17
|
2
days
|
18
to 24
|
3
days
|
25
to 31
|
4
days
|
32
or more
|
5
days
|
(b) An employee entitled to additional annual
leave under subclauses 30(i)(a), 30(xi)(a) or 17(ii) can elect at any time to
be paid an amount equivalent to the value of accrued additional annual leave in
lieu of taking the additional leave, provided also that salary for the period
of additional leave paid out will be calculated as if the period of leave paid
was actually taken.
(c) On termination of employment, employees are
to be paid for untaken annual leave due under this subclause together with
payment for any leave in respect of an uncompleted year of employment
calculated in accordance with this subclause together with payment for any
untaken leave due in accordance with subclause (x). Provided that this subclause shall not apply
to an employee who elects to transfer his or her leave entitlement in
accordance with NSW Health Policy Directive No. PD2022_006 Leave Matters for
the NSW Health Service, as amended from time to time.
31. Annual Leave Loading
Employees shall be paid an annual
leave loading in accordance with NSW Health Policy Directive PD2022_006 Leave
Matters for the NSW Health Service, as amended from time to time.
32. Family and Community Services Leave and
Personal/Carers’ Leave
(i) Family and Community Services (‘FACS’)
Leave and Personal/Carer’s Leave are separate, stand alone
entitlements.
(ii) FACS Leave and Personal/Carer’s Leave are
available to all part time and full time employees
covered by this Award in accordance with Parts A, B and D of this clause.
(iii) FACS Leave and Personal/Carer’s Leave are
available to all casual employees covered by this Award in accordance with Part
C of this clause.
A. FACS
Leave
(iv) FACS leave - general
(a) For the purpose of this clause relating to
FACS Leave:
"relative" means a person
related by blood, marriage or affinity;
"affinity" means a
relationship that one spouse because of marriage has to blood relatives of the other; and
"household" means a
family group living in the same domestic dwelling.
(b) The appropriate Chief Executive or
authorised delegate may grant FACS Leave to an employee:
(1) to provide care and/or support for sick
members of the employee’s relatives or household; or
(2) for reasons related to the family
responsibilities of the employee (e.g. to arrange and
or attend a funeral of a relative; to accompany a relative to a medical
appointment where there is an element of emergency; parent/teacher meetings;
education week activities; to meet elder-care requirements of a relative); or
(3) for reasons related to the performance of
community service by the employee (e.g. in matters
relating to citizenship; to office holders in local government, other than as a
mayor, for attendance at meetings, conferences or other associated duties;
representing Australia or the State in major amateur sport other than in
Olympic/Commonwealth Games); or
(4) in a case of pressing necessity (e.g. where an employee is unable to attend work because of
adverse weather conditions which either prevent attendance or threaten life or
property; the illness of a relative; where a child carer is unable to look
after their charge).
(v) FACS Leave replaces Compassionate Leave.
(vi) An employee is not to be granted FACS Leave
for attendance at court to answer a criminal charge, unless
the Chief Executive or authorised delegate approves the grant of leave in the
particular case.
Applications for FACS Leave to
attend court, for reasons other than criminal charges, will be assessed on an
individual basis.
The use of FACS leave to attend
court pursuant to clause 11, Leave for Matters arising from Family Violence of
this Award, shall be governed by the provisions of clause 11
(vii) FACS leave - entitlement
(a) The maximum amount of FACS Leave on full
pay that may be granted to an employee is:
- 3 working days during the first
year of service, commencing on and from 1 January 1995, and thereafter 6
working days in any period of 2 years; or
- 1 working day, on a cumulative
basis effective from 1 January 1995, for each year of service after 2 years’
continuous service, minus any period of FACS Leave already taken by the
employee since 1 January 1995,
whichever method provides the
greater entitlement.
(b) For the purposes of calculating
entitlement, a working day for employees working an average of 38 hours per
week in each roster cycle shall be deemed to consist of 8 hours. The rate at which FACS Leave is paid out and
utilised shall be on actual hours absent from the rostered shift.
(c) FACS Leave is available to part-time
employees on a pro rata basis.
(viii) Additional FACS leave for bereavement purposes
Where FACS leave has been
exhausted, additional FACS leave of up to 2 days for bereavement may be granted
on a discrete, "per occasion" basis to an employee on the death of a
relative or member of a household as defined in paragraph (iv)(a) of this clause.
(ix) Use of other leave entitlements
The appropriate Chief Executive or
authorised delegate may grant an employee other leave entitlements for reasons
related to family responsibilities, or community service, by the employee.
An employee may elect, with the
consent of the employer, to take annual leave; long service leave; or leave
without pay.
B. Personal/Carer’s
Leave
(x) Use of sick leave to care for the person
concerned - definitions
A person who needs the employee’s
care and support is referred to as the "person concerned" and is:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an
adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the
employee; or
(d) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(e) a relative of the employee who is a member
of the same household, where for the purpose of this clause relating to
Personal/Carer’s Leave:
"relative" means a person
related by blood, marriage or affinity;
"affinity" means a
relationship that one spouse because of marriage has to blood relatives of the other; and
"household" means a
family group living in the same domestic dwelling.
(xi) Use of sick leave to care for the person
concerned - entitlement
(a) The entitlement to use sick leave in
accordance with this subclause is subject to the employee being responsible for
the care and support of the person concerned; and the person concerned being as
defined in subclause (x) of this clause.
(b) An employee covered by the provisions of
this clause with responsibilities in relation to a person who needs their care
and support shall be entitled to use the untaken sick leave, from that year’s
annual sick leave entitlement, to provide care and support for such persons when
they are ill.
(c) Sick leave accumulates from year to year.
In addition to the current year’s grant of sick leave available under (b)
above, sick leave untaken from the previous three years may also be accessed by
an employee with responsibilities in relation to a person who needs their care
and support.
(d) The Chief Executive or authorised delegate
may, in special circumstances, make a grant of additional sick leave. This
grant can only be taken from sick leave untaken prior to the period referred to
in paragraph (c) above.
(e) The employee shall, if required, establish
either by production of a medical certificate or statutory declaration, that
the illness of the person concerned is such as to require care by another
person.
(f) The employee has the right to choose the
method by which the ground for leave is established, that is, by production of
either a medical certificate or statutory declaration.
(g) The employee is not required to state the
exact nature of the relevant illness on either a medical certificate or
statutory declaration.
(h) The employee shall, wherever practicable,
give the employer notice prior to the absence of the intention to take leave,
the name of the person requiring care and that person’s relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of absence.
(i) In normal circumstances, the employee must
not take leave under this subclause where another person has taken leave to
care for the same person.
(xii) Use of other leave entitlements
An employee may elect, with the
consent of the employer, to take:
(a) annual leave, including annual leave not
exceeding ten days in single-day periods, or part thereof, in any calendar year
at a time or times agreed by the parties. An employee and employer may agree to
defer payment of the annual leave loading in respect of single day absences
until at least five consecutive annual leave days are taken.
(b) an employee may elect with the employer’s
agreement to take annual leave at any time within a period of 24 months from
the date at which it falls due;
(c) long service leave; or
(d) leave without pay for the purpose of
providing care and support to the person concerned as defined in subclause (x)
above.
C. Casual
Employee Entitlements
(xiii) Bereavement entitlements for casual employees
(a) Casual employees are entitled to not be
available to attend work, or to leave work upon the death in Australia of a
person prescribed in paragraph (iv)(a) of this clause.
(b) The employer and the employee shall agree
on the period for which the employee will be entitled to not be available to
attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of an employer to engage or not engage a casual
employee are otherwise not affected.
(xiv) Personal carers entitlement for casual
employees
(a) Subject to the evidentiary and notice
requirements in paragraphs (xi)(e)-(h) casual employees are entitled to not be
available to attend work, or to leave work if they need to care for a person
prescribed in subclause (x) of this clause who is sick and requires care and
support, or who require care due to an unexpected emergency
or the birth of a child.
(b) The employer and the employee shall agree
on the period for which the employee will be entitled to not be available to
attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of an employer to engage or not to engage a casual
employee are otherwise not affected.
D. Flexible
Work Practice Alternatives to Using FACS or Personal/Carer’s Leave
(xv) Time off in lieu of payment of overtime to
care for the person concerned
(a) An employee may elect, with the consent of
the employer, to take time off in lieu of payment of overtime at a time or
times agreed with the employer within 12 months of the said election, to care
for the person concerned, as defined in subclause (x) above.
(b) Overtime taken as time off during ordinary
time shall be taken at the ordinary time rate, that is, one hour off for each
hour of overtime worked.
(c) If, having elected to take time as leave in
accordance with (xv)(a) above, the leave is not taken for whatever reason,
payment for time accrued at overtime rates shall be made at the expiry of the twelve month period from the date the overtime was worked,
or earlier by agreement, or on termination.
(d) Where no election is made in accordance
with paragraph (xv)(a) above, the employee shall be paid overtime rates in
accordance with the provisions of clause 25, Overtime.
(xvi) Use of make-up time
(a) An employee may elect, with the consent of
the employer, to work "make-up time". "Make-up time" is
worked when the employee takes time off during ordinary hours for family or
community service responsibilities, and works those hours at another time,
during the spread of ordinary hours provided for in clauses 4, 5 and 7 of this
Award, at the ordinary rate of pay.
(b) An employee on shift work may elect, with
the consent of the employer, to work "make-up time" (under which the
employee takes time off during ordinary hours and works those hours at another
time) at the applicable shift work rate under clause 15 of this Award to the
hours taken off.
33. Long Service Leave
(i)
(a) Each employee shall be entitled to two
months long service leave on full pay after ten years’ service; thereafter
additional long service leave shall accrue on the basis of
five months long service leave on full pay for each ten years’ service.
Employees with at least seven
years’ service are entitled, proportionate to their length of service, to a
period of long service leave on the basis of two
months’ long service leave for ten years’ service on full pay.
(b) Where the services of an employee with at
least five years’ service and less than seven years’ service are terminated by
the employer for any reason other than the employee’s serious and wilful
misconduct, or by the employee, on account of illness, incapacity or domestic
or other pressing necessity, he/she shall be entitled to be paid a
proportionate amount for long service leave on the basis of
two months’ long service leave for ten years’ service.
Where the services of an employee
with at least seven years’ service are terminated by the employer or by the
employee, he or she shall be entitled to be paid a proportionate amount for
long service leave on the basis of two months' long
service leave for ten years’ service.
(ii) For the purposes of subclause (i) of this
clause -
(a) "Service" shall mean service:
(1) as a full time and/or permanent part time
employee in one or more hospitals, public health organisations, Local Health Districts or former NSW Area Health Services; and
(2) as a full time and/or permanent part time
employee with any "government sector agency" (as defined by Schedule
2 of the Government Sector Employment Regulation 2014, as amended from time to
time, hereafter referred to as "the GSER") or any "Commonwealth
or interstate agency" (as defined by Schedule 2 of the GSER as amended
from time to time). In these instances, such service must meet the relevant
provisions of transfer prescribed in the GSER for such service.
(b) Service shall not include -
(1) any period of leave without pay except in the case of employees who have completed at
least ten years’ service (any period of absence without pay being excluded
therefrom) in which case service shall include any period of leave without pay
not exceeding six months taken after 12 March 1975;
(2) any period of part-time service arising
from service under Part IV, Savings Provisions, of clause 29, Part-time Casual
and Temporary Employees, except as provided for in subclause (x).
(iii) An employee with an entitlement to long service leave, may elect
to access their entitlement:
(a) on full pay, or
(b) on half pay, or
(c) on double pay.
(iv) When an employee elects to access their long
service leave entitlement the following amounts of long service leave are to be
deducted from the employee’s long service leave entitlement:
(a) for each period of long service leave taken
on full pay - the number of days so taken,
(b) for each period of long service leave taken
on half pay - half the number of days so taken,
(c) for each period of long service leave taken
on double pay - twice the number of days so taken. This election is made on the
basis that superannuation contributions for an employee who is a member of the
State Authorities Superannuation Scheme or the State
Superannuation Scheme will only be made for the period of the long service
leave actually taken, i.e. contributions will be made at the single time rate.
It is emphasised that the accessing
of long service leave on the basis of either (a), (b)
or (c) above is made by the employee’s voluntary election.
(v) When an employee elects to access their
long service leave entitlement, other leave entitlements will accrue as
follows:
(a) for each period of long service leave taken
on full pay - all other leave entitlements accrue at the employee’s ordinary
rate.
(b) for each period of long service leave taken
on double pay - all other leave entitlements accrue at the employee’s ordinary
rate.
(c) for each period of long service leave taken
on half pay - annual leave entitlements accrue at half the employee’s ordinary
rate while all other leave entitlements accrue at the employee’s ordinary rate.
(d) This subclause shall apply to new periods
of Long Service Leave taken after 23 February 2011.
(vi) If a public holiday occurs while an employee
is taking long service leave, and but for the taking of the long service leave
the employee would have worked, the amount of long service leave
to be deducted is to be reduced by the public holiday.
(vii) Long service leave shall be taken at a time
mutually arranged between the employer and employee.
(viii) When a licensed private hospital becomes a
public hospital and an employee of the private hospital thereupon is employed
by the public hospital such employee, for the purpose of calculating service
for long service leave shall be deemed to have served in the industry of
nursing for a period equal to 75 per cent of the actual continuous service with
the employer in the private hospital immediately prior to the hospital becoming
a public hospital.
(ix) Full pay shall mean the award salary without
any deduction for accommodation and/or board; provided that an employer shall
be entitled to make such deduction for accommodation as is authorised by clause
38, Accommodation and Board, if the employee having been requested by the
employer to leave his or her room completely vacant during the period of long
service leave, fails to do so.
(x)
(a) On the termination of employment of an
employee otherwise than by his or her death, an employer shall pay to the
employee the monetary value of all long service leave accrued and not taken at
the date of such termination, unless the employee elects to transfer his or her
leave entitlement in accordance with NSW Health Policy Directive No. PD2022_006
Leave Matters for the NSW Health Service, as amended from time to time.
(b) Where an employee who has acquired a right
to long service leave, or after having had five years of service and less than
ten years’ service, dies, the partner of such employee or if there is no such
partner the child/children of such employee (or guardian such as the case may
be) or the legal personal representative of such employee, shall be entitled to
receive the monetary value of the leave not taken or which would have accrued
to such employee had his or her services been terminated as referred to in paragraph
(b) of subclause (i) of this clause and such monetary value shall be determined
according to the salary payable to the employee at the time of his or her
death. For the purposes of this subclause, the term ‘partner’ means a spouse or
a de facto partner (including a same sex de facto partner); and
'child/children' means a child or an adult child (including adopted child, step child, foster child or ex nuptial child)
(xi) An employee shall be entitled to have
previous part-time service which is the equivalent of at least two full days'
duty per week taken into account for long service
leave purposes in conjunction with full-time or permanent part-time service on
the basis of the proportion that the actual number of hours worked each week
bears to 38 hours, provided that the part-time service merges without break
with the subsequent full-time or permanent part-time service.
(xii) All employees employed under Part I -
Permanent Part-Time Employees of clause 29, Part-Time, Casual and Temporary
Employees of this Award, will have such service counted for accrual of long
service leave entitlement after 30 June 1986. Such service shall include the
average of all hours worked (excluding overtime) in each year of service or
part thereof and include paid leave taken; in any year or part thereof in which
leave without pay is taken, the period of leave without pay shall not be
included for the purposes of the averaging calculation.
This calculation shall be carried
out for each year of service on the employee’s anniversary date of employment,
and an appropriate entry made into the employees' records.
However, in recognition that data
on the number of hours worked (excluding overtime) may not exist for all the
periods of service after 30 June 1986, if there is a lack of data the employer
is to calculate the long service leave entitlement as follows:
(a) In the first instance, Health Services
should utilise all existing records to determine the average of all hours
worked (excluding overtime) and including paid leave taken for each year of service;
(b) If the data to determine the number of
hours worked (excluding overtime) is not available prior to the employee’s
2000/2001 anniversary date, Health Services are to calculate the long service
leave entitlement on the basis of the average of all
hours worked (excluding overtime) in each year of service, and including paid
leave taken since the employee’s 2000/2001 anniversary date.
The resultant average of hours
worked per week from application of (a) or (b) above will then be applied over
the employee’s total period of employment after 30 June,
1986 for which data does not exist to form the basis for calculating payment
for the long service leave to be taken by the employee for this period. In this situation the employer shall consult
with the employee regarding the lack of data prior to making a final decision
that the data does not exist. In any event, for the purpose of this calculation
the resultant average of all hours worked is to be no less than the employee’s
contracted hours for each year of service.
Entitlement and calculation for any
period of employment prior to 30 June 1986 shall be determined according to
subclause (xi) of this clause.
(xiii) Except as provided for in subclause (xiv) of
this clause, rights to long service leave under this clause shall be in
replacement of rights to long service leave, if any, which at
12 March 1975, may have accrued or may be accruing to an employee and shall apply
only to persons in the employ of the employer on or after 12 March 1975. Where
an employee has been granted long service leave or has been paid its monetary
value prior to 12 March, 1975, the employer shall be
entitled to debit such leave against any leave to which the employee may be
entitled pursuant to this clause.
(xiv) The following provisions apply only to
employees employed in a hospital as at 12 March 1975:
(a) An employee who -
(i) has had service in a hospital, to which
clause 14, Climatic and Isolation Allowances, applies, prior to 12 March 1975,
or
(ii) is employed in a hospital, to which clause
14, Climatic and Isolation Allowances, applies as at
12 March 1975:
shall be granted long service leave
in accordance with the long service leave provisions in force prior to 12 March
1975, in lieu of the provisions provided by this award where such benefits are
more favourable to the employee.
(b) An employee employed -
(i) on a part time basis as at
12 March 1975, may be allowed long service leave in accordance with the long
service leave provisions in force prior to 12 March 1975, in lieu of the
provisions of the Long Service Leave Act
1955, as provided for in subclause (x) of this clause;
(ii) on a full time
basis as at 12 March 1975 but who has had prior part time service may be
allowed to continue to be granted long service leave in accordance with the
long service leave provisions in force prior to 12 March 1975, in lieu of the
provisions provided by this award where such benefits are more favourable to
the employee.
(xv) Employees employed under Part II - Casual
Employees, Part III - Temporary Employees and Part IV - Savings Provisions of
clause 29, Part Time, Casual, and temporary Employees are entitled to accrue
long service leave under the provisions of the Long Service Leave Act 1955, as amended, subject to meeting the
provisions of that Act.
34. Maternity, Adoption and Parental Leave
(i) All eligible employees covered by this
Award are entitled to the provisions of this clause other than part time
employees who receive a part time loading as prescribed by Part IV - Savings
Provisions of clause 29 of this Award (known as "old part time"), and
casual employees.
(ii) Part time employees who receive a part time
loading as prescribed by Part IV - Savings Provisions of clause 29 of this
Award (known as "old part time") and casual employees are entitled to
parental leave in accordance with the provisions of Part 4, Parental Leave, of
the Industrial Relations Act
1996. The following provisions shall
also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).
(a) An employer must not fail to re-engage a
regular casual employee (see section 53 (2) of the Act) because:
-
the employee or employee's spouse is pregnant; or
-
the employee is or has been immediately absent on parental leave.
The rights of an employer in
relation to engagement and re-engagement of casual employees are not affected,
other than in accordance with this clause.
(b) Part time employees who receive a part time
loading as prescribed by Part IV - Savings Provisions of clause 29 of this
Award are entitled to the provisions of Part D, Right to Request and Part E,
Communication During Leave of this clause.
(iii) Liability for Superannuation Contributions
During a period of unpaid
maternity, adoption or parental leave, the employee will not be required to
meet the employer's superannuation liability.
A. Maternity Leave
(i) Eligibility for Paid Maternity Leave -
To be eligible for paid maternity
leave a full time or permanent part time employee must have completed at least
40 weeks continuous service prior to the expected date of birth.
An employee who has once met the
conditions for paid maternity leave will not be required to work again the 40
weeks continuous service in order to qualify for a further period of paid
maternity leave, unless;
(a) there has been a break in service where the
employee has been re-employed or re-appointed after a resignation, medical
retirement, or after her services have been otherwise dispensed with; or
(b) the employee has completed a period of
leave without pay of more than 40 weeks. In this context, leave without pay
does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or
injury compensable under the Workers'
Compensation Act 1987.
(ii) Portability of Service for Paid Maternity
Leave -
Portability of service for paid
maternity leave involves the recognition of service in government sector
organisations for the purpose of determining an employee's eligibility to
receive paid maternity leave. For example, where an employee moves between a
government sector department and a public hospital, previous continuous service
will be counted towards the service prerequisite for paid maternity leave.
When determining an employee's
eligibility for paid maternity leave, continuous service with an organisation
that is part of the government sector service as defined in the Government
Sector Employment Act will be recognised, provided that:
(a) service was on a full-time or permanent
part-time basis;
(b) cessation of service with the former
employer was not by reason of dismissal on any ground, except retrenchment or
reduction of work;
(c) the employee commences duty with the new
employer on the next working day after ceasing employment with the former
employer (there may be a break in service of up to two months before commencing
duty with the new employer provided that the new position was secured before
ceasing duty with the former employer. However, such a break in service will
not be counted as service for the purpose of calculating any prior service prerequisite
for paid maternity leave.
(iii) Entitlement to Paid Maternity Leave -
(a) An eligible employee is entitled to
fourteen weeks at the ordinary rate of pay from the date maternity leave
commences. This leave may commence up to fourteen weeks prior to the expected
date of birth.
It is not compulsory for an
employee to take this period off work. However, if an employee decides to work
during the nine weeks prior to the expected date of birth it is subject to the
employee being able to perform satisfactorily the full range of normal duties.
Paid maternity leave may be paid:
-
on a normal fortnightly basis; or
-
in advance in a lump sum; or
-
at the rate of half pay over a period of twenty-eight weeks on a regular
fortnightly basis.
Annual and/or long service leave
credits can be combined with periods of maternity leave on half pay to enable
an employee to remain on full pay for that period.
(iv) Unpaid Maternity Leave
(a) Full time and permanent part time employees
who are entitled to paid maternity leave are entitled to a further period of
unpaid maternity leave of not more than 12 months after the actual date of
birth.
(b) Full time and permanent part time employees
who are not eligible for paid maternity leave are entitled to unpaid maternity
leave of not more than 12 months.
(c) Full time and permanent part time employees
may also apply for additional unpaid maternity leave as provided for in
subclause (i)(b) of Part D, Right to Request, of this clause.
(v) Applications -
An employee who intends to proceed
on maternity leave should formally notify her employer of such intention as
early as possible, so that arrangements associated with her absence can be
made.
Written notice of not less than
eight weeks prior to the commencement of the leave should accordingly be given.
This notice must include a medical certificate stating the expected date of
birth and should also indicate the period of leave desired.
(vi) Variation after Commencement of Leave -
After commencing maternity leave,
an employee may vary the period of her maternity leave, once without the
consent of her employer and otherwise with the consent of her employer. A
minimum of fourteen days’ notice must be given, although an employer may accept
less notice if convenient.
The conditions relating to
variation of maternity leave are derived from Section 64 of the Industrial Relations Act 1996.
(vii) Staffing Provisions -
In accordance with obligations
established by the Section 69 of the Industrial
Relations Act 1996, any person who occupies the position of an employee on
maternity leave must be informed that the employee has the right to return to
her former position. Additionally, since an employee has the right to vary the
period of her maternity leave, offers of temporary employment should be in
writing, stating clearly the temporary nature of the
contract of employment. The duration of employment should be also set down clearly;
to a fixed date or until the employee elects to return to duty, whichever
occurs first.
(viii) Effect of Maternity Leave on Accrual of Leave,
Increments etc.
When the employee has resumed
duties, any period of full pay leave is counted in full for the accrual of
annual leave, sick leave and long service leave and any period of maternity
leave on half pay is taken into account to the extent
of one half thereof when determining the accrual of annual leave, sick leave
and long service leave.
Except in the case of employees who
have completed ten years' service the period of maternity leave without pay
does not count as service for long service leave purposes. Where the employee has completed ten years'
service the period of maternity leave without pay shall count as service
provided such leave does not exceed six months.
Maternity leave without pay does
not count as service for incremental purposes. Periods of maternity leave at
full pay and at half pay are to be regarded as service for incremental
progression on a pro-rata basis.
Where public holidays occur during
the period of paid maternity leave, payment is at the rate of maternity leave
received i.e., public holidays occurring in a period of full pay maternity
leave are paid at full rate and those occurring during a period of half pay
leave are paid at half rate.
(ix) Illness Associated with Pregnancy -
If, because of an illness
associated with her pregnancy an employee is unable to continue to work then
she can elect to use any available paid leave (sick, annual and/or long service
leave) or to take sick leave without pay.
Where an employee is entitled to
paid maternity leave, but because of illness, is on sick, annual, long service
leave, or sick leave without pay prior to the birth, such leave ceases nine
weeks prior to the expected date of birth. The employee then commences
maternity leave with the normal provisions applying.
(x) Transfer to a More Suitable Position -
Where, because of an illness or
risk associated with her pregnancy, an employee cannot carry out the duties of
her position, an employer is obliged, as far as practicable, to provide
employment in some other position that she is able to satisfactorily perform.
This obligation arises from section 70 of the Industrial Relations Act 1996. A position to which an employee is
transferred under these circumstances must be as close as possible in status
and salary to her substantive position.
(xi) Miscarriages -
In the event of a miscarriage any
absence from work is to be covered by the current sick leave provisions
(xii) Stillbirth -
In the case of a stillbirth, (as
classified by the Registry of Births, Deaths and
Marriages) an employee may elect to take sick leave, subject to production of a
medical certificate, or maternity leave.
She may resume duty at any time provided she produces a doctor's
certificate as to her fitness.
(xiii) Effect of Premature Birth on Payment of
Maternity Leave -
An employee who gives birth
prematurely and prior to proceeding on maternity leave shall be treated as
being on maternity leave from the date leave is commenced to have the
child. Should an employee return to duty
during the period of paid maternity leave, such paid leave ceases from the date
duties are resumed.
(xiv) Right to Return to Previous Position -
In accordance with the obligations
set out in section 66 of the Industrial
Relations Act 1996 an employee returning from maternity leave has the right
to resume her former position.
Where this position no longer
exists, the employee is entitled to be placed in a position nearest in status
and salary to that of her former position and for which the employee is capable
or qualified.
(xv) Further Pregnancy While on Maternity Leave -
Where an employee becomes pregnant
whilst on maternity leave a further period of maternity leave shall be
granted. If an employee enters on the
subsequent period of maternity leave during the currency of the initial period
of maternity leave, then any residual maternity leave
from the initial entitlement ceases.
An employee who commences a
subsequent period of maternity leave while on unpaid maternity leave under
paragraph (iv)(a) of Part A of this clause or paragraph (i)(b) of Part D of
this clause is entitled to be paid at their normal rate (i.e.
the rate at which they were paid before proceeding on maternity leave).
An employee who commences a
subsequent period of maternity leave during the first 12 months of a return to
duty for less than full time hours as provided under paragraph (i)(c) of Part D
of this clause is entitled to be paid at their substantive full
time rate for the subsequent period of maternity leave.
An employee who commences a
subsequent period of maternity leave more than 12 months after returning to
duty for less than full time hours under paragraph (i)(c) of Part D of this
clause, will be entitled to paid maternity leave for the subsequent period of
maternity leave at their part time rate.
B. Adoption Leave
(i) Eligibility -
All full time and permanent part
time employees who are adopting a child and are to be the primary care giver of
the child are eligible for unpaid adoption leave.
To be eligible for paid adoption
leave a full time or permanent part time employee must also have completed at
least 40 weeks continuous service prior to the date of taking custody of the
child.
An employee who has once met the
conditions of paid adoption leave, will not be required to again work the 40
weeks continuous service in order to qualify for further periods of paid
adoption leave, unless;
(a) there has been a break in service where the
employee has been re-employed or re-appointed after a resignation, medical
retirement, or after their services have been otherwise dispensed with; or
(b) the employee has completed a period of
leave without pay of more than 40 weeks. In this context, leave without pay
does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury
compensable under the Workers
Compensation Act 1987.
(ii) Entitlement -
(a) Paid Adoption Leave -
Eligible employees are entitled to
paid adoption leave of fourteen weeks at the ordinary rate of pay from and
including the date of taking custody of the child.
Paid adoption leave may be paid: -
-
on a normal fortnightly basis; or
-
in advance in a lump sum; or
-
at the rate of half pay over a period of twenty-eight weeks on a regular
fortnightly basis.
Annual and/or long service leave
credits can be combined with periods of adoption leave at half pay to enable an
employee to remain on full pay for that period.
(b) Unpaid Adoption Leave -
Eligible employees are entitled to
unpaid adoption leave as follows:
-
where the child is under the age of 12 months - a period of not more
than 12 months from the date of taking custody;
-
where the child is over the age of 12 months - a period of up to 12
months, such period to be agreed upon by both the employee and the employer.
(iii) Applications -
Due to the fact
that an employee may be given little
notice of the date of taking custody of a child, employees who believe that, in
the reasonably near future, they will take custody of a child, should formally
notify the employer as early as practicable of the intention to take adoption
leave. This will allow arrangements associated with the adoption leave to be
made.
(iv) Variation after Commencement of Leave -
After commencing adoption leave, an
employee may vary the period of leave, once without the consent of the employer
and otherwise with the consent of the employer. A minimum of fourteen days’
notice must be given, although an employer may accept less notice if
convenient.
(v) Portability of Service for Paid Adoption
Leave -
As per maternity leave conditions.
(vi) Staffing Provisions -
As per maternity leave conditions.
(vii) Effect of Adoption Leave on Accrual of Leave,
Increments, etc.
As per maternity leave conditions.
(viii) Right to return to previous position -
As per maternity leave conditions.
C. Parental Leave -
(i) Eligibility
To be eligible for parental leave a
full time or permanent part time employee must have completed at least 40 weeks
continuous service prior to the expected date of birth or to the date of taking
custody of the child.
An employee who has once met the
conditions for paid parental leave will not be required to again work the 40
weeks continuous service in order to qualify for a
further period of paid parental leave, unless:
(a) there has been a break in service where the
employee has been re-employed or re-appointed after a resignation, medical
retirement, or after their services have been otherwise dispensed with; or
(b) the employee has completed a period of
leave without pay of more than 40 weeks. In this context, leave without pay
does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or
injury compensable under the Workers'
Compensation Act 1987.
(ii) Portability of Service for Paid Parental
Leave
As per maternity leave conditions.
(iii) Entitlements
Eligible employees whose spouse or
partner (including a same sex partner) is pregnant or is taking custody of a
child are entitled to a period of leave not exceeding 52 weeks which includes
one week of paid leave, and may be taken as follows:
(a) an unbroken period of up to one week at the
time of the birth of the child, taking custody of the child or other
termination of the pregnancy (short parental leave); and
(b) a further unbroken period in order to be the primary caregiver of the child (extended
parental leave).
(c) The entitlement of one weeks’ paid leave
may be taken at any time within the 52 week period and
shall be paid:
-
at the employee’s ordinary rate of pay for a period not exceeding one
week on full pay; or
-
two weeks at half pay or the period of parental leave taken, whichever
is the lesser period.
Annual and/or long service leave
credits can be combined with periods of parental leave on half pay to enable an
employee to remain on full pay for that period.
(d) Extended parental leave cannot be taken at
the same time as the employee’s spouse or partner is on maternity or adoption
leave except as provided for in paragraph (i)(a) of Part D, Right to Request,
of this clause.
(iv) Applications
An employee who intends to proceed
on parental leave should formally notify their employer of such intention as
early as possible, so that arrangements associated with their absence can be
made.
(a) In the case of extended parental leave, the
employee should give written notice of the intention to take the leave.
(b) The employee must, at least four weeks
before proceeding on leave, give written notice of the dates on which they
propose to start and end the period of leave, although it is recognised in
situations of taking custody of a child, little or no notice may be provided to
the employee. In such an instance, the
employee should notify the employer as early as practicable.
(c) The employee must, before the start of
leave, provide a certificate from a medical practitioner confirming that their
spouse or partner is pregnant and the expected date of birth, or in the case of
an adoption, an official form or notification on taking custody of the child.
(d) In the case of extended parental leave, the
employee must, before the start of leave, provide a statutory declaration by
the employee stating:
(i) if applicable, the period of any maternity
leave sought or taken by his spouse, and
(ii) that they are seeking the period of
extended parental leave to become the primary care giver of the child.
(v) Variation after Commencement of Leave
After commencing parental leave, an
employee may vary the period of her/his parental leave, once without the
consent of the employer and otherwise with the consent of the employer. A
minimum of fourteen days’ notice must be given, although an employer may accept
less notice if convenient.
(vi) Effect of Parental Leave on Accrual of
Leave, Increments etc.
As per maternity leave conditions.
(vii) Right to return to Previous Position
As per maternity leave conditions.
D. Right to Request
(i) An employee entitled to maternity,
adoption or parental leave may request the employer to allow the employee:
(a) to extend the period of simultaneous
maternity, adoption or parental leave use up to a maximum of eight weeks;
(b) to extend the period of unpaid maternity,
adoption or extended parental leave taken for a further continuous period of
leave not exceeding 12 months;
(c) to return to duty for less than the full time hours they previously worked by taking weekly
leave without pay.
to assist the employee in
reconciling work and parental responsibilities.
(ii) The employer shall consider the request
having regard to the employee’s circumstances and, provided the request is
genuinely based on the employee’s parental responsibilities, may only refuse
the request on reasonable grounds related to the effect on the workplace or the
employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(iii) The employee’s request and the employer’s
decision made under paragraph (i)(b) and (c) must be recorded in writing.
(iv) Where an employee wishes to make a request
under paragraph (i)(c):
(a) the employee is to make an application for
leave without pay to reduce their full time weekly
hours of work
(b) such application must be made as early as
possible to enable the employer to make suitable staffing arrangements. At least four weeks’ notice must be given.
(c) all requests are to be considered having
regard to the terms of NSW Health Policy Directive No. 2019_010 Leave Matters
for NSW Health Service, as amended from time to time.
(d) Salary and other conditions of employment
are to be adjusted on a basis proportionate to the employee’s full time hours of work i.e. for long service leave the
period of service is to be converted to the full time equivalent, and credited
accordingly.
(e) It should be noted that employees who
return from maternity, adoption or parental leave under this arrangement remain
full time employees. Therefore, the
payment of any part time allowance to such employees does not arise.
E. Communication During Leave
(i) Where an employee is on maternity,
adoption or parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(a) make information available in relation to
any significant effect the change will have on the status or responsibility
level of the position the employee held before commencing the leave; and
(b) provide an opportunity for the employee to
discuss any significant effect the change will have on the status or
responsibility level of the position the employee held before commencing leave.
(ii) The employee shall take reasonable steps to
inform the employer about any significant matter that will affect the
employee’s decision regarding the duration of leave to be taken, whether the
employee intends to return to work and whether the employee intends to request
to return to work on a part-time basis.
(iii) The employee shall also notify the employer
of changes of address or other contact details which might affect the
employer’s capacity to comply with subclause (i).
F. Commonwealth Paid Parental Leave (CPPL)
(i) From 1 January 2011 the CPPL scheme may be
available to eligible employees.
(ii) The CPPL is independent of other leave
entitlements and is in addition to paid parental leave entitlements.
35. Military Leave
Employees shall be granted military
leave in accordance with NSW Health Policy Directive No. PD2022_006 Leave
Matters for the NSW Health Service, as amended from time to time.
36. Repatriation Leave
Ex-servicemen/women shall be
granted repatriation leave in accordance with NSW Health Policy Directive
PD2022_006 Leave Matters for the NSW Health Service, as amended from time to
time.
37. Sick Leave
(i) Subject to the following limitation and
conditions an employee shall be entitled to sick leave on full pay calculated
by allowing 76 rostered ordinary hours of work for each year of continuous
service less any sick leave on full pay already taken:
(a) An employee shall not be entitled to sick
leave until after three months continuous service.
(b) An employee shall not be entitled to sick
leave on full pay for any period in respect of which such employee is entitled
to accident pay, or workers' compensation; provided, however that where an
employee is not in receipt of accident pay, an employer shall pay to an
employee, who has sick leave entitlements under this clause, the difference
between the amount received as workers compensation and full pay.
The employee's sick leave
entitlement under this clause shall, for each week during which such difference
is paid, be reduced by the proportion of hours which the difference bears to
full pay. On the expiration of available sick leave, weekly compensation
payments only shall be payable.
(c) All periods of sickness shall be certified
to by the Medical Superintendent or Director of Nursing of the employer or by
the employee's own legally qualified medical practitioner or dentist. The
employer may dispense with the requirement of a medical certificate where the
absence does not exceed 2 consecutive days or where, in the employer's opinion,
the circumstances are such as not to warrant such requirement.
(d) Each employee shall, as soon as reasonably
practicable and in any case within 24 hours of the commencement of such
absence, inform the employer of his or her inability to attend for duty and as
far as possible state the nature of the injury or illness and the estimated
duration of the absence.
(e) Where an employee is absent on sick leave
for a total of 10 working days in any one year of service and has no sick leave
entitlement carried over from previous years, that employee will continue to be
paid for an additional 4 hours even though no sick leave credit might exist.
Such additional payment will not affect the subsequent year’s sick leave entitlement,
ie. it is "special sick leave", not "sick leave in advance"
(see NSW Health Policy Directive No. PD2022_006 Leave Matters for the NSW
Health Service, as amended from time to time).
(ii) The employer shall not change the rostered
hours of an employee fixed by the roster or rosters applicable to the fourteen
days immediately following the commencement of sick leave merely by reason of
the fact that she or he is on sick leave.
(iii) For the purpose of this clause
"Service" means service in the industry of nursing.
(iv) For the purpose of this clause continuity of
service in the industry of nursing shall not be broken by:
(a) absences from such industry on account of illness;
(b) periods of absences from such industry
immediately following termination of employment, in respect of which employment
a pro rata payment has been made for annual leave or long service leave, but
not exceeding the period the employee would have been required to work to earn
as salary an amount equal to such pro rata payment;
(c) absence from such industry for the purpose
of pursuing a post-graduate course in nursing (i.e. a course which results in
obtaining a certificate, diploma or qualification) whether in Australia or
elsewhere; and where the course is pursued outside Australia an employee shall
be deemed to be absent for the purpose of pursuing the course throughout the
time reasonably occupied travelling to the place of study and return to
Australia, the actual duration of the course, a period of three months after completion
of the course and before returning to Australia and a period of one month after
returning to Australia;
(d) any reasonable absence from the industry
occasioned by an employee transferring from one employer to another in such
industry but not exceeding 28 days on any one occasion;
(e) periods of employment nursing in hospitals
in New South Wales other than the hospitals covered by this Award and in the
Canberra Community Hospital and Woden Valley Hospital;
provided that this period of absence shall not be counted as service for the
purpose of calculating sick leave.
(v) Part Time Employees :
a part time employee shall be entitled to sick leave in the same proportion of
the seventy six hours as the average weekly hours worked over the preceding
twelve months or from the time of the commencement of employment, whichever is
the lesser, bears to thirty-eight ordinary hours. Such entitlements shall be
subject to all the above conditions applying to full time employees. Provided
that only part time service on and from the beginning of the first pay period
to commence on or after 1 January 1970, shall count for the purpose of this
subclause.
(vi) Subject to the provision of a satisfactory
medical certificate and sick leave being due, annual leave or long service
leave (extended leave) shall be re-credited where an illness of at least one
week's duration occurs during the period of annual or long service leave: Provided that the period of leave does not
occur prior to retirement, resignation or termination
of services, and provided further that the employer is satisfied on the
circumstances and the nature of the incapacity.
(vii) In addition to the sick leave prescribed in
subclause (i) of this clause, Flight Nurses shall be entitled to an additional
38 hours sick leave in any period of 12 months. Any
unused additional sick leave shall not accumulate from year to year.
38. Accommodation and Board
(i) The employer shall where practicable provide for the use of employees who live in:
(a) Directors of Nursing: In a public hospital
of which the registered number of beds is 9 or more, private quarters which
shall comprise a bedroom, sitting room, bathroom, and toilet with appropriate
furniture and fittings including a washing machine, refrigerator and stove or
stovette and facilities for preparing light refreshments; provided that where
the normal nursing staff does not exceed 7, it shall not be necessary to
provide for the Director of Nursing a separate bathroom and toilet facilities,
a washing machine, refrigerator and a stove or stovette.
(b) Employees other than Directors of Nursing:
(1) Dining facilities suitable to the reasonable
needs of the nursing staff.
(2) A lounge room suitable to the reasonable
needs of the staff.
(3) A study for student nurses; provided that
this provision shall apply only to public hospitals which are registered
training schools.
(4) At least one plunge bath (with shower) for
each 12 (or fraction thereof) employees and in addition at least one separate
shower cubicle for each 12 (or fraction thereof) employees.
(5) At least one lavatory (if in a bathroom
adequately partitioned off from the bathing facilities) for each 8 (or fraction
thereof) employees.
(6) A kitchen or kitchenette equipped with
reasonable facilities for storing and preparing light refreshments and with
normal kitchen utensils, stove or stovette, refrigerator, china, crockery and cutlery.
(7) Suitable facilities including a washing
machine for the laundering and drying of personal clothing.
(8) A separate bedroom of such dimensions as to
provide a floor area of not less than 100 square feet and which contains
suitable floor coverings and a bedside lamp and fittings and shall be furnished
with a bed, a dressing table, a wardrobe (built-in cupboard) of adequate size
and a chair.
(9) Where it is necessary for 2 or more
employees to sleep in a bedroom 750 cubic feet of space shall be provided for
each employee. Such bedroom shall
contain suitable floor coverings and for each employee the employer shall
provide a bed, a dressing table, a wardrobe (built-in cupboard) of adequate
size and a chair.
(10) In respect of subparagraphs (2), (4), (5),
and (6) of this paragraph separate provision shall be made for trained and
untrained staff; provided that as to subparagraphs (2), (4) and (5) of this
paragraph this provision shall not apply in a public hospital in which the
normal number of nursing staff is less than 12.
(11) Adequate heating suitable to the reasonable
needs of the staff present shall be provided in the lounge room during the
wintertime.
(ii) The employer shall provide such domestic
staff as is necessary to maintain the accommodation in a
proper condition at all times.
(iii) The following deductions from salary shall be
made by an employer for accommodation:
(a) Directors of Nursing and employees
occupying separate bedroom accommodation of a reasonable standard: an amount as
set in Item 15 of Table 2 of Part B per week.
(b) Directors of Nursing provided with a
self-contained flat attached to the public hospital's nurses home; an amount as
set in the said Item 15 per week.
(iv) An employer shall provide for employees who
live in, full board of 21 meals per week and the meals shall consist of an
adequate quantity of wholesome well-cooked and well-prepared food-stuffs
including green vegetables and fruit in season and in addition the employer
shall provide tea, coffee, milk and sugar for morning and afternoon tea and
supper and early morning tea for employees on night or early morning duty. An
employer who complies with the foregoing provisions of this subclause may make
a deduction as set out in Item 16 of table 2 of Part B per week.
(v)
(a) The employer shall provide for the use of
employees who live out:
(1) a suitable change room and adequate washing
and toilet facilities; provided that the washing and toilet facilities need not
be distinct from those provided for employees who live in
and this provision shall not apply to a public hospital the registered number
of beds of which is less than 9;
(2) a full-length locker fitted with lock and
key or other suitable place for the safe keeping of clothing and personal
effects of such employee;
(b) An employer shall provide for an employee
who lives out, tea, coffee, milk and sugar for morning and afternoon tea,
supper and early morning tea when the employee is on duty at times appropriate
for the partaking thereof and shall provide also for such an employee who
requires them, meals of the standard specified in subclause (iv) of this
clause, which fall during the duty period and for such meals so provided may
make a charge, provided that the charge for breakfast and other meals shall be
as set in Item 17 of Table 2 of Part B.
(vi) The charges referred to in subclauses (iii),
(iv) and (v) to be adjusted in accordance with any general movement in wage
rates in this award. The Director-General of Health may apply for additional
adjustments from time to time based on the differences between such wage
increases and the actual cost of providing these services. Provided that an employer may waive all or
part of these charges at its discretion as an incentive to recruitment of
nurses.
(vii) Where an employee partakes of a meal from a
cafeteria service provided by a public hospital or public health organisation,
he or she shall be required to pay the charge fixed for such meal in lieu of
the meal charges prescribed in subclauses (iv) or (v) of this clause.
39. Grading Committee
A Committee consisting of two
representatives of the employer and two representatives of the Association
shall be constituted to consider and make recommendations to the employer in
relation to:
(a) any request or proposal to establish or
alter the grading of positions of Nursing Unit Manager;
(b) the date of effect of any grading
recommended.
Provided that:
(i) an employee shall, whilst the grading or
remuneration of his or her position is under consideration, be ineligible to be
a member of the Committee;
(i) the Committee shall not, without
sufficient reason, recommend the retrospective operation of any grading or
remuneration; and
(iii) where a retrospective date of effect is
recommended, such date shall not be earlier than a date six months prior to the
date on which the matter was referred to the Committee.
40. Grading of Nurse/Midwife Manager Positions
(i) All positions of Nurse/Midwife Manager, as
defined in Clause 3, Definitions of this award shall be graded by the employer
in accordance with the Work Level Statements set out in Schedule 1 to this
award.
(ii) The employer may determine a higher grading
including a multi-grade, e.g. Grade 4-5, Grade 6-7,
etc., than provided for under the Work Level Statements where the requirements
of the position involve a higher level of complexity and/or an extended role to
that generally comprehended by the otherwise applicable Work Level Statement.
(iii) Progression to the second salary point in
each grade will occur after 12 months satisfactory service in that grade.
Provided that accelerated progression within the 12 month
period, or on commencement of employment, may occur where the employer is
satisfied that such progression is warranted in an individual case.
(iv) If dissatisfied with the grade as determined
in any individual case, the Association may discuss the matter with the local
Health Service management and, if still dissatisfied, may apply for a review of
the grading by the Ministry of Health and the Association at a central level.
(v) No employee is to suffer a reduction in
salary as a result of the implementation of the new
structure. Where an employee would ordinarily be classified at a grade which
carries a salary less than his or her current salary
he or she shall retain his or her current salary, including all future
increases thereto, on a strictly personal basis, while ever he or she remains
in the current position.
(vi) Employees seeking appointment to positions
of Nurse Manager are generally expected to possess the core knowledge and
skills appropriate to the respective grades as set out in Schedule 1 to this
award.
41. Deputy Directors of Nursing, Assistant
Directors of Nursing
(i) The following appointments shall be made
in public hospitals with adjusted daily averages of occupied beds as specified
hereunder:
Less than 150 beds
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a Deputy Director of Nursing
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150 beds and over
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a Deputy Director of Nursing,
Assistant Directors of Nursing.
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(ii) Appointments under subclause (i) of this
clause shall be made within two calendar months of the date this award becomes
operative and thereafter within two calendar months of the occurrence of a
vacancy. In default of appointment
within the said period of two calendar months, the registered nurse employed as
such or in a higher classification who has customarily relieved in the vacant
position, or if no one has so customarily relieved, the registered nurse
employed in the same or the next senior classification below the vacant
position with the longest service in such classification at the public
hospital, shall be deemed to be appointed until such time as another appointment
is made by the employer.
(iii) This clause shall not apply to a hospital
using members, novices or aspirants of religious
orders where a member of an order carries out the duties under this clause of
an Assistant Director of Nursing or Deputy Director of Nursing.
42. Proportion
Except in cases of emergency not
more than four enrolled nurses and/or assistants in nursing to each registered
nurse shall be employed in a public hospital and for this purpose a Director of
Nursing shall count.
43. Medical Examination of Nurses
See NSW Health Policy Directives No
PD2022_006 Leave Matters for NSW Health Service and PD2017_040 Recruitment and
Selection of Staff to the NSW Health Service as amended from time to time.
44. Domestic Work
Except as hereinafter provided,
nurses shall not be required to perform, as a matter of routine, the following
duties: viz.; washing, sweeping, polishing and/or dusting of floors, walls or
windows of wards, corridors, annexes, bathrooms or verandas or any duties which
are generally performed by classifications other than nursing staff, but this
provision shall not preclude the employment of nurses on any such duties in an
isolation block or where the performance of those duties involves disinfection.
45. Termination of Employment
(i) Except for misconduct justifying summary
dismissal, the services of an employee shall be terminated only by fourteen
days’ notice or by payment of fourteen days salary in lieu thereof in the case
of an employee other than a Director of Nursing, and by twenty-eight days’
notice or by the payment of twenty-eight days salary in lieu thereof in the
case of a Director of Nursing.
(ii) No employee shall, without the consent of
the employer, resign without having given fourteen days’ notice (or in the case
of a Director of Nursing, twenty eight days’ notice) of intention so to do or
forfeiting salary earned during the pay period current at the time of
resignation; provided that in no circumstances shall the employee forfeit more
than fourteen days’ pay at the rate prescribed for his or her classification by
clause 8, Salaries.
(iii) Employees who have accrued additional days off
duty pursuant to subclause (vii) of clause 4, Hours of Work and Free Time of
Employees Other Than Directors of Nursing and Area Managers, Nurse Education,
shall be paid for such accrued time at ordinary rate of pay upon termination.
(iv) Upon the termination of the services of an
employee, the employer shall furnish the employee with a written statement,
duly signed by or on behalf of the employer, setting out the period of the
employment and the capacity in which the employee was employed.
(v) This clause does not preclude an employee
receiving any greater period of notice of termination to which they might be
entitled under s117 of the Fair Work Act 2009 (Cth).
46. Labour Flexibility
(i) An employer may direct an employee to
carry out such duties as are reasonable and within the limits of the employee's
skill, competence and training provided that such
duties are not designed to promote deskilling.
(ii) An employer may direct an employee to carry
out such duties and use such tools and equipment as may be required provided
that the employee has been properly trained or has otherwise acquired the
necessary skills in the use of such tools and equipment.
(iii) Any direction issued by an employer pursuant
to subclause (i) and (ii) shall be consistent with the employer's
responsibilities to provide a safe and healthy working environment.
(iv) Existing provisions with respect to the
payment of mixed functions/higher duties allowances shall apply in such
circumstances.
47. Right of Entry
See Chapter 5, Part 7 of the Industrial Relations Act 1996 and Part 7
of the Work Health and Safety Act
2011 (as amended or replaced).
48. Disputes
(i) All parties must use their best endeavours
to cooperate in order to avoid any grievances and/or
disputes.
(ii) Where a dispute arises in any public
hospital or public health organisation, regardless of whether it relates to an
individual nurse or to a group of nurses, the matter must be discussed in the
first instance by the nurse(s) (or the Association on behalf of the nurse(s) if
the nurse(s) so request(s)) and the immediate supervisor of that nurse(s).
(iii) If the matter is not resolved within a
reasonable time it must be referred by the nurse(s)'
immediate supervisor to the Chief Executive Officer of the employer (or his or
her nominee) and may be referred by the nurse(s) to the Association’s Head
Office. Discussions at this level must
take place and be concluded within 2 working days of referral or such extended
period as may be agreed.
(iv) If the matter remains unresolved, the
Association must then confer with the appropriate level of management (i.e. at Public Hospital/Local Health District or Public
Health organisation/Ministry level, depending on the nature and extent of the
matter). Discussions at this level must take place and be concluded within two
working days of referral or such extended period as may be agreed.
(v) If these procedures are exhausted without the
matter being resolved, or if any of the time limits set out in those procedures
are not met, either the Association or the employer may seek to have the matter
mediated by an agreed third party, or the matter may be referred in accordance
with the provisions of the Industrial
Relations Act 1996 (NSW) to the Industrial Relations Commission for its
assistance in resolving the issue.
(vi) During these procedures normal work must
continue and there must be no stoppages of work, lockouts, or any other bans or
limitations on the performance of work.
(vii) The status quo before the emergence of the
issue must continue whilst these procedures are being followed. For this
purpose, 'status quo' means the work procedures and practices in place:
(a) immediately before the issue arose; or
(b) immediately before any change to those
procedures or practices, which caused the issue to arise, was made.
The Employer must ensure that all
practices applied during the operation of these procedures are in accordance
with safe working practices.
(viii) Throughout all stages of these procedures,
adequate records must be kept of all discussions.
(ix) These procedures will be facilitated by the
earliest possible advice by one party to the other of any issue or problem
which may give rise to a grievance or dispute.
49. Anti-Discrimination
(i) It is the intention of the parties bound
by this award to seek to achieve the object of section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace. This includes discrimination on
the grounds of race, sex, marital status, disability, homosexuality,
transgender identity and age.
(ii) It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this award are not directly or indirectly
discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in this clause is to be taken to
affect:
(a) any conduct or act which is specifically
exempted from anti-discrimination legislation:
(b) offering or providing junior rates of pay
to persons under 21 years of age;
(c) any act or practice of a body established
to propagate religion which is exempted under Section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters
of unlawful discrimination in any State or Federal jurisdiction.
(v) This clause does not create legal rights or
obligations in addition to those imposed upon the parties by legislation
referred to in this clause.
NOTES -
(a) Employers and employees may also be subject
to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects
any other act or practice of a body established to propagate religion that
conforms to the doctrines of that religion or is necessary to avoid injury to
the religious susceptibilities of the adherents of that religion".
50. Exemption
This award shall not apply to -
(i) members, novices or aspirants of religious
orders in public hospitals;
(ii) the Sydney Dental Hospital provided that nurses employed thereat are paid not less than
the appropriate salaries prescribed by this award.
51. Salary Packaging
(i) By agreement with their employer,
employees may elect to package a part or all of their
salary in accordance with this clause, to obtain a range of benefits as set out
in NSW Health Policy Directive PD2018_044 Salary Packaging, as amended from
time to time. Such election must be made prior to the commencement of the
period of service to which the earnings relate. Where an employee also elects
to salary sacrifice to superannuation under this award, the combined amount of
salary packaging/sacrificing may be up to 100 per cent of salary.
Any salary packaging above the
fringe benefit exemption cap will attract fringe benefits tax as described in
subclause (iv) below.
(ii) Where an employee elects to package an
amount of salary:
(a) Subject to Australian taxation law, the
packaged amount of salary will reduce the salary subject to appropriate PAYG
taxation deductions by that packaged amount.
(b) Any allowance, penalty rate, overtime
payment, payment for unused leave entitlements, weekly worker’s compensation,
or other payment other than any payment for leave taken in service, to which an
employee is entitled under this award or statute which is expressed to be
determined by reference to an employee’s salary, shall be calculated by
reference to the salary which would have applied to the employee under this
award in the absence of any salary packaging or salary sacrificing made under
this award.
(c) "Salary" for the purpose of this
clause, for superannuation purposes, and for the calculation of award
entitlements, shall mean the award salary as specified in clause 9, Salaries,
and which shall include "approved employment benefits" which refer to
fringe benefit savings, administration costs, and the value of packaged
benefits.
(iii) Any pre-tax and post-tax payroll deductions
must be taken into account prior to determining the
amount of available salary to be packaged. Such payroll deductions may include
but are not limited to superannuation payments, HECS payments, child support
payments, judgement debtor/garnishee orders, union fees and private health fund
membership fees.
(iv) The salary packaging scheme utilises a
fringe benefit taxation exemption status conferred on public hospitals and
Local Health Districts, which provides for a fringe benefits tax exemption cap
of $17,000 per annum. The maximum amount of fringe benefits-free tax savings
that can be achieved under the scheme is where the value of benefits when
grossed-up, equal the fringe benefits exemption cap of $17,000. Where the
grossed-up value exceeds the cap, the employer is liable to pay fringe benefits
tax on the amount in excess of $17,000 but, will pass
on this cost on to the employee. The employer’s share of savings, the combined
administration cost, and the value of the packaged benefits are deducted from
the pre-tax dollars.
(v) The parties agree that the application of
the fringe benefits tax exemption status conferred on public hospitals and
Local Health Districts is subject to the prevailing Australian taxation laws.
(vi) If an employee wishes to withdraw from the
salary packaging scheme, the employee may only do so in accordance with the
required period of notice as set out in the Salary Packaging Policy and
Procedure Manual.
(vii) Where an employee ceases to salary package,
arrangements will be made to convert the agreed package amount to salary. Any
costs associated with the conversion will be borne by the employee, and the
employer shall not be liable to make up any salary lost as a
consequence of the employee’s decision to convert to salary.
(viii) Employees accepting the offer to salary package
do so voluntarily. Employees are advised to seek independent financial advice
and counselling to apprise them of the implications of salary packaging on
their individual personal financial situations.
(ix) The employer and the employee shall comply
with the procedures set out in the NSW Health Services Salary Packaging Policy
and Procedure Manual as amended from time to time.
52. Deduction of Union Membership Fees
(i) The union shall provide the employer with
a schedule setting out union fortnightly membership fees payable by members of
the union in accordance with the union’s rules.
(ii) The union shall advise the employer of any
change to the amount of fortnightly membership fees made under its rules. Any
variation to the schedule of union fortnightly membership fees payable shall be
provided to the employer at least one month in advance of the variation taking
effect.
(iii) Subject to (i) and (ii) above, the employer
shall deduct union fortnightly membership fees from the pay of any employee who
is a member of the union in accordance with the union’s rules, provided that
the employee has authorised the employer to make such deductions.
(iv) Monies so deducted from employees’ pay shall
be forwarded regularly to the union together with all the necessary information
to enable the union to reconcile and credit subscriptions to employees’ union
membership accounts.
"Regularly" shall be
defined as monthly except where the practice and protocol of an employer as at March 2002 was fortnightly.
(v) Unless other arrangements are agreed to by
the employer and the union, all union membership fees shall be deducted on a
fortnightly basis.
(vi) Where an employee has already authorised the
deduction of union membership fees from his or her pay prior to this clause
taking effect, nothing in this clause shall be read as requiring the employee
to make fresh authorisation in order for such
deductions to continue.
53. Staffing Arrangements
(i) Reasonable workloads are required for
nurses to assist in providing a sustainable health system for the people of NSW
that not only meets present health needs but also plans for the health needs of
the future.
(ii) The employer has a responsibility to
provide reasonable workloads for nurses.
(iii) Principles
The following principles shall be
applied in determining or allocating a reasonable workload for a nurse:
(a) Reasonable workloads will be based on the
application of the staffing arrangements detailed in this clause. The arrangements may be the reasonable
workload principles alone or, in addition, the provisions set out in Sections II
- IX, of subclause (iv) in relation to the services, wards and units to which
they apply.
(b) Workload assessment will take
into account measured demand by way of clinical assessment, including
acuity, skill mix, specialisation where relevant, and geographical and other
local requirements/resources.
(c) The work performed by the employee will be
able to be satisfactorily completed within the ordinary hours of work assigned
to the employee in their roster cycle.
(d) The work will be consistent with the duties
within the employee’s classification description and at a professional standard
so that the care provided or about to be provided to a patient or client shall
be adequate, appropriate and not adversely affect the
rights, health or safety of the patient, client or nurse.
(e) The workload expected of an employee will
not be unfair or unreasonable having regard to the skills, experience
and classification of the employee for the period in which the workload is
allocated.
(f) An employee will not be allocated an
unreasonable or excessive nursing workload or other responsibilities except in
emergency or extraordinary circumstances of an urgent nature.
(g) An employee shall not be required to work
an unreasonable amount of overtime.
(h) An employee’s workload will not prevent
reasonable and practicable access to Learning and Development Leave, together
with ‘in-house’ courses or activities, and mandatory training and education.
(i) Existing minimum staffing levels to ensure
safe systems of work and patient safety shall continue to apply.
(j) Nothing in this clause prevents a higher
level of staffing from being provided when, and where, this is necessary for
clinical or other reasons.
(iv) Staffing and Specialties
The Association and the Ministry
agree that the staffing arrangements in this clause and their application may
be reviewed and amended from time to time by agreement and that the Award may
be varied by consent to reflect any such agreement.
Section I:
Replacement of Absences
(a) When an unplanned absence occurs (e.g. due to unexpected sick leave) the NUM (or delegate)
will immediately review the roster to determine the effect of the absence on
workload.
(b) Where the NUM (or delegate) determines to
backfill the absence, the default position is to fill the absence with a nurse
of the same classification as the absent nurse.
(c) If all avenues to backfill the absence with
a nurse at the same classification are exhausted and the only remaining option
is to backfill the absence with a nurse of a lower classification, the NUM (or
delegate) must consider how the functions performed in the ward/unit can be
safely and appropriately performed by a nurse of another nursing
classification.
(d) In some circumstances it may be possible to
backfill with a nurse of a lower classification. Where it is determined to backfill with a
nurse of a lower classification, a record of this, together with the reasons,
must be made.
Section
II: Nursing Hours Wards and Units
(a) Nursing hours wards and units comprise
general inpatient wards, dedicated palliative care wards/units, dedicated
rehabilitation wards/units and inpatient adult acute mental health wards/units.
(b) General inpatient wards do not include:
1. All Types of Critical Care Units:
• Intensive
Care Units
• High
Dependency Units
• Coronary
Care Units
• Burns
Units
• Neo-natal
Intensive Care Units
2. Day Only Wards
3. Day of Surgery Wards
4. Procedural Units (Haemodialysis,
Endoscopy, Cardiac Catheter, etc.)
5. Paediatrics
6. Drug & Alcohol
7. All Midwifery Services:
• Antenatal
• Post
Natal, Nurseries
• Delivery
& Birthing Suites
8. 23 Hour Wards
9. Fast track wards
10. Transition Wards (slow stream)
11. Medical/Surgical Assessment Units (MAU &
SAU)
12. Medical/Surgical Acute Care Units (MACU
& SACU)
13. Wards/Units attached to Emergency
Departments:
• Psychiatric
Emergency Care Centres (PECC)
• Observation
wards
• Emergency
Medical Units (EMUs)
(c) The Association and the Ministry have
agreed that staffing will be determined by the Nursing Hours Per Patient Day
('NHPPD') specified below, provided over a week, to determine the number of
nurses required to provide direct clinical care. The number of nursing hours per patient day
may also be expressed as an equivalent ratio.
(d) 6.0 NHPPD will apply to general inpatient
wards in Peer Group A1 and A3 facilities, being Principal Referral Hospitals
and Ungrouped Acute Tertiary Referral Hospitals, accounted for over the period
of a week.
(e) 5.5 NHPPD will apply to general inpatient
wards in Peer Group B facilities, being Major Hospitals Group 1 and Group 2,
accounted for over the period of a week.
General inpatient wards in Peer Group B facilities will move to 6.0
NHPPD by 30 June 2023 in accordance with a timetable, determined by the
Ministry and provided to the Association once determined.
(f) 5.0 NHPPD will apply to general inpatient
wards in Peer Group C facilities, being District Group Hospitals, accounted for
over the period of a week. General
inpatient wards in certain Peer Group C facilities will move to 6.0 NHPPD by 30
June 2023, in accordance with a timetable, determined by the Ministry and
provided to the Association once determined.
(g) 6.0 NHPPD will apply to dedicated
palliative care wards, accounted for over the period of a week.
(h) 5.0 NHPPD will apply to dedicated general
rehabilitation wards and units, and 6.0 NHPPD will apply to dedicated rehabilitation
specialist brain and spinal injury units, accounted for over the period of a
week. For these wards and units only,
NHPPD includes the hours usually worked by nursing and other categories of
staff, however titled, agreed with the Association.
(i) 6.0 NHPPD will apply to inpatient adult
acute mental health wards in general hospitals which are not specialist mental
health facilities, accounted for over the period of a week.
(j) 5.5 NHPPD will apply to inpatient adult
acute mental health wards in specialised mental health facilities, accounted
for over the period of a week. Inpatient
adult acute mental wards in certain specialised mental health facilities will
move to 6.0 NHPPD by 30 June 2023, in accordance with a timetable, determined
by the Ministry and provided to the Association once determined.
(k) At the time the new staffing levels
referred to in Section II, subclauses (d) to (j) above are introduced on a ward
or unit for the first time, staffing levels in wards and units with higher than
the specified staffing will either continue to apply or be reviewed. A
reduction in staffing will not occur without a review taking place. If there is
disagreement between the Employer and Association about the outcome of the
review the provisions of subclause (vii) Grievances in relation to workload
will apply.
(l) The number of nursing hours per patient
day may also be expressed as an equivalent ratio which provides the same
nursing hours over a week. For example:
1. a NHPPD of 6.0 can provide sufficient
nursing hours to provide am/pm/night equivalent ratios of 1:4/1:4/1:7 across
seven days, as well as the option of some shifts with a nurse in charge who
does not also have an allocated patient workload.
2. a NHPPD of 5.5 can provide sufficient
nursing hours to provide am/pm/night equivalent ratios of 1:4/1:5/1:7 across
seven days, as well as the option of some shifts with a nurse in charge who
does not also have an allocated patient workload.
3. a NHPPD of 5.0 can provide sufficient
nursing hours to provide am/pm/night equivalent ratios of 1:5/1:5/1:7 across
seven days, as well as the option of some shifts with a nurse in charge who
does not also have an allocated patient workload.
(m) Only nurses providing direct clinical care
are included in the NHPPD. This does not
include positions such as Nursing Unit Managers, Nurse Managers, Clinical Nurse
Educators, Clinical Nurse Consultants, dedicated administrative support staff
and wardspersons.
(n) In implementing Nursing Hours in Nursing Hours Wards the daily bed census data averaged over a
specified preceding period of up to 52 weeks (in whole weeks) will be used to
determine the number of patients. In
determining the specified period due regard should be given to reduced activity
periods, seasonality and other local factors. Where seasonality is a significant factor,
the specified period can be the equivalent period in the preceding year.
(o) The NUM will distribute the hours/shifts
across the day and week in a rostering pattern with due regard to the workload
pattern of their ward, provided the applicable NHPPD is achieved over the week.
(p) The NUM may distribute the NHPPD to include
a nurse in charge who does not also have an allocated patient workload,
provided the applicable NHPPD are achieved over the week
(q) When, on a shift, the NUM considers that
patient care needs cannot be sufficiently met from the nurses immediately
available and the NUM (or nurse delegated with responsibility for patient care
within the ward/unit) considers additional nursing hours should be provided in
order to meet clinical needs, the NUM will inform the appropriate Nurse Manager
who, together with the NUM, will consider a solution including, but not limited
to, the following options:
1. deployment of nurses from other wards/units;
2. additional hours for part time staff;
3. engagement of casual/agency nursing staff;
4. overtime;
5. prioritisation of nursing activities on
the ward/unit;
6. reallocation of patients.
When these options have been
exhausted and only with approval from the Director of Nursing and Midwifery and
the concurrence of the General Manager, the decision may be made to limit
admissions when discharges occur from the ward/unit. This decision is to be made as soon as
practicable after commencement of the shift.
(r) Spot Check
1. In wards and units where the agreed
staffing method is NHPPD, information will be available to staff which
identifies the NHPPD.
2. At any time, a nurse working on the ward/unit or a member of the local Reasonable Workload Committee
may make a written request to the NUM for a spot check to confirm that the
NHPPD are being provided.
3. The relevant Reasonable Workload Committee
must be informed of the commencement of the spot check.
4. Within 7 days of receipt of such a request
the NUM will ensure that each week for a 4 week period
the NHPPD provided are posted within 7 days of the conclusion of the relevant
period.
5. If, at any time during the spot check or
at its conclusion, it is established that the provided NHPPD falls short of the
specified NHPPD then action must immediately commence to rectify the shortfall.
6. Where the four week
spot check confirms that the specified NHPPD are being provided then the
process is concluded.
7. The outcome of the spot check will be made
available to the Reasonable Workload Committee.
(s) The calculation used to spot check the
provision of NHPPD in Nursing Hours Wards
1. To determine the ‘number of patients’ add
the number of patients as recorded for each day in the bed census in the week
to be calculated, then divide that total by 7 (the number of days in the
week). For example:
(24 + 25 + 25 + 25 + 23 + 22 + 24)
÷ 7 = 24 (Number of patients)
2. Then take the applicable NHPPD figure (e.g. 6.0) and multiply it by 7 (for 7 days in the week),
then multiply by the number of patients, as identified above e.g. 24.
3. In this example, 6 x 7 x 24 = 1,008
nursing hours or 6 NHPPD. 1,008 is
therefore the nursing hours that were required for the ward that week. The figure is then compared to the nursing
hours that were actually provided.
4. Assume in this example that 974 nursing
hours were actually provided. The required NHPPD falls short as 5.8 NHPPD
has been provided instead of 6 NHPPD. In this example, the NUM would
immediately commence action to rectify the shortfall in accordance with point 5
of (s) Spot Checks in this Section.
5. The spot check would require the
completion of this calculation for four consecutive weeks.
(t) Annual Leave relief
1. The annual leave ‘relief’ factored into
the calculation of the total required FTE reflects the annual leave
entitlements under this Award for the employees, arising from their actual
shift patterns. However, this figure may be adjusted at ward level for planned
periods of low activity or annual ward closures that mean less leave relief is
required.
2. If circumstances arise whereby the planned
periods of low activity or annual ward closures do not take place, the required
FTE should be calculated again in light of those
altered circumstances and staff deployment.
(u) Relief for Sick Leave, FACS Leave & Mandatory
Education
To account for sick leave, FACS
leave and mandatory education, a figure of two weeks (equating to 76 hours
based on a 38 hour week) per annum should be factored
into the FTE required for the ward. This
figure is subject to joint review by the Association and the Ministry, on
request by either party.
Section
III: Staffing Arrangements for Peer Group D & F3 MPS
(a) The following provisions will apply to
hospitals designated Peer Group D1 Community Hospitals with community inpatient
acute beds and a level 2 or above emergency department function; and to F3
Multi-Purposes Service facilities with community inpatient acute beds and a
level 2 or above emergency department function:
(1) During the hours that the Emergency
Department is open there will be a minimum of two registered nurses on duty, to
ensure that there is a registered nurse available on the acute ward when a
registered nurse is required to attend the Emergency Department. One of these registered nurses may be a
NUM/NM who also performs clinical functions on the shift who is on duty and on
site.
(b) The parties recognise that where
implementation of the provisions at (a)(1) above requires a change in the
classification mix this will be achieved progressively from the date of this
Award and is determined by the rate of staff turnover experienced in those
facilities where the provisions apply.
Section
IV: Perioperative Services
(a) ACORN 2008 standards will apply, in
Operating Rooms including that during each operating session, the minimum
staffing for each operating room will be:
1. two nurses, one of whom must be a
Registered Nurse and one of whom may be a suitably qualified and endorsed
Enrolled Nurse, to carry out the roles of scrub/instrument nurse and scout nurse; and
2. one Anaesthetic nurse or one other trained
and qualified anaesthetic category of staff.
Section V:
Maternity Services
(a) The Association and the Ministry have
agreed that the Birth rate Plus methodology, as adapted for use in New South
Wales, will be used to calculate staffing in maternity services.
Section
VI: Inpatient Mental Health Staffing Arrangements
(a) The Association and the Ministry have
agreed that the following provisions will apply in all inpatient mental health
units (with the exception of inpatient adult acute
mental health wards at Section II and be used by managers in the evaluation of
nursing staff levels and for the Reasonable Workload Committees to assess and
manage identified workloads issues.
(b) For the purpose of this subclause inpatient
mental health units include but are not limited to:
1. Forensic Units;
2. Child & Adolescent Units;
3. Older Adult;
4. Psychiatric Emergency Care Centres (PECC);
5. Rehabilitation;
6. Extended Care Units;
7. Mental Health Intensive Care Units
(c) When determining the nursing FTE the following should be considered:
1. The previous 12 months activity should be
used as a guide unless the unit has had a significant change in activity,
presentation number or type, or where a new model of care has commenced which
has impacted on the type of presentation or length of stay;
2. Staff assessment will be based on comparisons
to the FTE utilised in the individual unit in the previous year, using the
monitoring reports, in conjunction with professional judgement and information
on known workload issues;
3. Categories:
• The
number of inpatients requiring 1 staff or more to 1 patient;
• The
number of inpatients requiring close observation;
• The
number of inpatients assessed requiring sighting at regular intervals;
• The
number of inpatients nearer to going home.
4. Level & frequency of aggressive
behaviour displayed by patients and based on clinical risk assessment;
5. Level of suicidal behaviour displayed by
patients (see Mental Health Outcomes and Assessment Tools (MH-OAT) risk level);
6. Level of vulnerability/potential of
exploitation from others (such as sexual safety, financial exploitation);
7. Age of patient and co-morbidities;
8. Patients with a dual diagnosis;
9. Type of facility and unit (e.g. Closed/Open Units);
10. Design of unit;
11. Number of beds available;
12. Local factors referred to at subclause 53
(iii) (b) may include but are not limited to:
(i) The available level of support staff (e.g. ward clerks, medical officers, patient support
officers, allied health staff);
(ii) Teaching and research activities;
(iii) Provision of nurse escorts;
(iv) Ward geography; and
(v) Data entry/documentation including MH-OAT.
(d) When determining the nursing FTE required
for leave relief:
1. No less than six weeks (30 days) annual
leave relief per productive FTE for staff working shift work and no less than 4
weeks (20 days) for non-shift workers must be included.
2. No less than two weeks (10 days) of
sick/FACS leave and mandatory education relief per productive FTE must be
included.
3. Replacement for long service leave and
paid maternity leave should not be considered part of the funded FTE unless
additional FTE is set aside for this purpose. Traditionally funding for this
replacement is managed at a central cost centre for a facility or service (this
must be determined prior to finalising established FTE).
4. Assess impact on staff for workers’
compensation/return to work programs on the FTE required.
(e) General
1. Nursing/Midwifery Unit Managers, Clinical
Nurse/Midwife Educators, Clinical Nurse/Midwife Consultants and Nurse/Midwife
Practitioners do not carry a direct clinical load.
2. Consideration should be given to the
evolution of future clinical roles in nursing.
3. Consideration should be given to the
additional responsibilities related to other activities such as the Magistrates
Hearing and the Mental Health Review Tribunal and associated escorts.
4. Consideration should be given to the
impact of future legislative requirements on workloads where reasonably
known.
Section
VII: Community and Community Mental Health Staffing Arrangements
(a) The Association and the Ministry agree that
the following staffing arrangements are to apply in all Community Health
Services (including services such as child and family health, community mental
health and drug health) and be used by managers in the evaluation of nursing
staff levels and for the Reasonable Workload Committees to assess and manage
identified workloads issues in accordance with the principles specified in
subclause (iii) Principles.
(b) The current agreed average ‘face-to-face’
ratio in the Community Health Service (CHS) shall be used as the starting point
for consideration of staffing levels where indications are that staffing
numbers are insufficient to manage the workload.
(c) Funded / budgeted FTE must include no less
than four weeks (20 days) of annual leave relief per productive FTE. Where
staff are required to work shift work or weekends then no less than six weeks
(30 days) should be included. Managers are responsible for scheduling annual
leave equitably throughout the year to manage leave liabilities and to prevent
unreasonable increased workload for remaining employees arising from the taking
of leave.
(d) Funded/budgeted FTE must include no less
than two weeks (10 days) of sick/FACs leave relief and mandatory education
relief per productive FTE. Cost centres with child and family services must
include an additional day to accommodate mandatory education leave for child
protection.
Funded FTE available for relief of
sick/FACS/ mandatory education is to be utilised as required when this leave is
taken rather than used for permanent employment.
(e) Replacement for long service leave and paid
maternity leave should not be considered part of the funded FTE unless
additional FTE is set aside for this purpose. Traditionally, funding for this
replacement is managed at a central cost centre for a facility or service.
(f) Assess impact on staff for workers’
compensation / return to work programs on the FTE required.
(g) Existing appointed positions, e.g. CNCs and managers, must be maintained in their current
role, and except in the case of emergencies, shall not be routinely used to
cover nursing shortages in the general workload areas.
To ensure this occurs, each
appointed position should have a position description that defines the scope
and requirements of their primary role.
Leave relief for these positions is
required in the funded FTE.
(h) Induction programs including preceptorship
should be in place to adequately supervise new staff. These programs would include a reasonable
number of "supernumerary" hours followed by appropriate allocation of
patients according to the complexity of need and the new staff’s level of
training. The ability to consult senior staff by phone should be ensured,
particularly during induction.
Funded FTE should incorporate a
reasonable number of additional hours for this purpose based on historical
turnover rates.
(i) Community Health Services must have the
ability to maintain a "pool" of casual staff to manage unplanned
leave and vacancies or a sudden and unanticipated increase in workload.
(j) Reasonable deployment within individual
Community Health Services to address uneven workload distribution should occur
as a day-to-day management strategy. However, this should not be seen as a
method of covering unfilled vacancies or ongoing sick leave.
Long term demographic trends may
result in adjustment of boundaries to enable existing staffing to better
accommodate the needs of the community while still maintaining composition of
their team.
(k) Appropriate hours for case management
should be included in the Funded FTE to maintain a safe and holistic level of
care for patients. This principle is inherent in the needs for patients in the
community.
(l) Appropriate time for travel in the context
of the local geography and traffic conditions must be factored into hours
required for clinical workload.
(m) In accordance with occupational health and
safety principles, hazards must be eliminated or controlled, appropriate
loading facilities must be provided, to enable restocking of clinical supplies
and equipment.
(n) Nursing hours utilised in carrying out non
clinically related activities e.g. servicing of
vehicles should be monitored, quantified and incorporated into the FTE required
for a given service.
(o) This list indicates minimum requirements
only.
Section
VIII: Emergency Department Staffing Arrangements
(a) The Association and the Ministry have
agreed that the following staffing arrangements are to apply in Emergency
Departments and be used by managers in the evaluation of nursing staff levels
and for the Reasonable Workload Committees to assess and manage identified
workloads issues in accordance with the Principles
specified in subclause (iii).
(b) When determining the nursing FTE required:
1. The previous 12 months activity should be
used unless the ED has had a significant change in activity, presentation
number or type, or where a new model of care has commenced which has impacted
on the type of presentation or Length of Stay.
2. Staff assessment will be based on
comparisons to the FTE Utilised in the individual ED in the previous year in
conjunction with professional judgement, incorporating anecdotal information on
known workload issues.
3. Consideration needs to be given to local
factors affecting workload. This may have the potential to increase the
required FTE over and above that indicated by activity.
(c) When determining the nursing FTE required
for leave relief:
1. No less than six weeks (30 days) annual
leave relief per productive FTE for staff working shift work and no less than 4
weeks (20 days) for non-shift workers must be included.
2. No less than two weeks (10 days) of
sick/FACS leave and mandatory education relief per productive FTE must be
included.
3. Replacement for long service leave and
paid maternity leave should not be considered part of the required FTE.
Traditionally funding for this replacement is managed at a central cost centre
for a facility or service.
4. Assess the impact on staff for workers’
compensation/return to work programs on FTE required.
(d) General
1. All Level 5 and 6 Emergency Departments to
have a dedicated shift coordinator on all shifts in addition to the FTE
required for clinical activity. The requirement for additional FTE for the
Shift Coordinator in Levels 1 to 4 Emergency Departments is at the discretion
of the facility after due consideration of the historical and anticipated
activity for each shift of the week
2. There is to be an identified triage nurse
on every shift.
3. Provision must be made for the coverage of
community retrievals and participation in the facility Cardiac Arrest Team, if
this an ED responsibility.
4. Where an Emergency Department has a
dedicated Psychiatric Emergency Care Centre (PECC), mental health specialist
nurses must staff it. The FTE required
for appropriate coverage of the PEC Unit is in addition to the requirement for
the main sections of the Emergency Department.
5. The facility must have a contingency plan
to backfill nurses in the event that they are called
out as part of a disaster team.
6. This list indicates minimum requirements
only.
(e) Provision of designated nurses for the
resuscitation area.
The provision of designated nurses
for the resuscitation area in Emergency Departments will be as follows:
To provide the staffing levels set
out in the table below the required additional nurses will be employed in
accordance with a timetable agreed between the Ministry and the Association,
with full effect from 1 July 2013.
Description
|
Provision
|
Adult/mixed
Emergency Departments with a role delineation of Level 6 and Urgency
Disposition Groups (‘UDG’) of 45,000 or more
|
Three
designated resuscitation nurses on two shifts and two designated
resuscitation nurses on the third shift
|
Adult/mixed
Emergency Departments with a role delineation of Level 6 and UDG of less than
45,000
|
Two
designated resuscitation nurses on two shifts and one designated
resuscitation nurse on the third shift
|
Adult/mixed
Emergency Departments with a role delineation of Level 3, 4 or 5 and UDG of
more than 45,000
|
Two
designated resuscitation nurses on two shifts and one designated
resuscitation nurse on the third shift
|
Adult/mixed
Emergency Departments with a role delineation of Level 4 or 5 and UDG of more
than 25,000 and less than 45,000.
|
One
designated resuscitation nurse on each of three shifts per day
|
‘UDG’ stands for urgency
disposition groups which is a methodology applied by the NSW Ministry of Health
that weights Emergency Department attendances for the triage category mix and
patient disposition e.g. hospital admission.
Section
IX: Hospital Listings
(a) The Ministry will publish on its website
the following lists, updated annually:
1. As per clause 53, Section II (a), a list
of Hospitals by Peer Group;
2. As per clause 53, Section III (a), a list
of Hospitals by Emergency Department role delineation;
3. As per clause 53, Section VIII (d), a list
of hospitals which outlines both the Emergency Department role delineation and
Urgency Disposition Groups (UDG) attendances.
(v) Role of Reasonable Workload Committees
(a) Reasonable Workload Committees shall be
established to facilitate consultation on reasonable workloads for nurses,
together with the provision of advice and recommendations to management.
Aspects of reasonable workload may include, but need not be limited to, nursing
workloads generally, the provision of specialist advice, training, and planning
for bed or ward closures or openings as they relate to nursing workloads. It is
intended that the committees, by their operation, will make a positive
contribution to the workload of nurses. Reasonable Workload Committees are a
mechanism to provide for informed discussions at the local level and encourage
the resolution where possible of any workload disputes at this level in the
first instance.
(b) The committees by their operation shall not
alter the rights and obligations of management to decide nursing workload
matters.
(c) Public hospitals, mental health facilities
and multi-purpose sites shall monitor the implementation of reasonable workloads
for nurses using the agreed Monitoring System in all inpatient wards/units.
Monthly and annual reports
generated by the Monitoring System shall be provided to the Reasonable Workload
Committee to ensure the committees have the information they need to assess
workload issues.
In areas where the NSW Ministry of
Health and the Association have agreed that the Monitoring System cannot apply,
relevant available data pertaining to workloads will be collected and collated
for the use of Reasonable Workload Committees.
(d) It is intended that the Reasonable Workload
Committees provide a structured and transparent forum for all nurses to be
genuinely consulted about workload matters through an appropriate mechanism;
contribute to the decision making process; and have
the ability to resolve disputes about workloads, should they arise, through the
committee process and provisions in this Award.
(vi) Structure of Reasonable Workload Committees
(a) Upon request by the Association, nurse(s)
employed in a public hospital, or public health organisation or the employer, a
Reasonable Workload Committee shall be established for the relevant public
hospital or public health organisation.
Such requests shall be made to the Chief Executive Officer of the public
health organisation. Where circumstances warrant and are conducive to the
efficient delivery of services, a Reasonable Workload Committee may be
established by agreement between the Association and the employer that covers
more than one public hospital or public health organisation.
(b) Upon request by the Association or an
employer a reasonable workload committee shall also be established for the
relevant Local Health District or Statutory Health Corporation.
(c) Each Reasonable Workload Committee shall
comprise equal representation of employees and the employer. Employee representation shall be determined
by the Association. Employer representation shall be determined by the employer
as appropriate. Committee size will be determined by agreement between the Association
and the employer. Every endeavour shall
be made to minimise the size of the committee, with provision to co-opt
additional assistance that may be required on an ‘as needs’ basis.
(d) The committees shall meet with a frequency
determined by each committee, having regard to issues and information to hand.
(e) The committee members and the parties they
represent shall make every endeavour to reduce or eliminate any duplication of
subject matter and coverage with pre-existing structures and consultative
mechanisms. Every effort shall also be
taken to ensure the most efficient meeting arrangements are instituted for
operation of the committees and to minimise disruption to nurses’ rosters. The committee members and the parties they
represent shall make every endeavour to ensure that any additional time and
information imposts arising from the operations of the committee are minimised.
(f) To enable members of reasonable workload
committees to discharge the committee’s role and carry out their responsibilities,
attendance at committee meetings and reasonable preparation time shall be
deemed to be time on duty and remunerated accordingly. Wherever possible, this time shall occur
during the ordinary hours of work.
(vii) Grievances in relation to workload
(a) Notwithstanding the provisions specified in
subclauses (ii) to (iii) of clause 48, Disputes, in this Award, the following
procedure will apply to resolve workload grievances or staffing grievances
directly arising from nursing workload issues.
(b) A grievance in relation to such matter
shall first be raised at the local ward/unit level with the Nursing/Midwifery
Unit Manager responsible (or the appropriate manager).
(c) If the matter remains unresolved, it should
be referred to the appropriate Nurse/Midwife Manager, Director of Nursing or
Local Health District Director of Nursing, depending on the nursing executive
structure of the public hospital or public health organisation in which the
grievance has arisen.
(d) If the matter remains unresolved, it should
be referred to the appropriate public hospital/public health organisation
reasonable workload committee for consideration and recommendation to
management. If the matter cannot be
resolved by this committee, the issue may be referred to a Local Health
District or Statutory Health Corporation committee under paragraph (v)(b).
(e) If the matter remains unresolved, it should
be dealt with in accordance with the provisions of subclauses (iv) to (ix) of
clause 48, Disputes, in this Award.
54. Trade Union Activities
A. Trade
Union Activities regarded as On-Duty
An Association delegate will be
released from the performance of normal duty when required to undertake any of
the activities specified at (i) to (viii) below.
While undertaking such activities
on a normal rostered day on duty, the Association delegate will be regarded as
being on duty and will not be required to apply for leave. The delegate will
not be entitled to overtime at the end of the roster cycle as
a consequence of undertaking these activities.
In circumstances where an
Association delegate is not rostered for duty or is on an allocated/additional
day off and is not required by the employer to undertake these activities, such
time will not be counted as time worked.
(i) Attendance at meetings of the workplace's
Work Health and Safety Committee and participation in all official activities
relating to the functions and responsibilities of elected Work Health and
Safety Committee representatives at a place of work as provided for in the Work Health and Safety Act 2011;
(ii) Attendance at meetings with workplace
management or workplace management representatives;
(iii) A reasonable period of preparation time,
before:
(a) meetings with management;
(b) disciplinary or grievance meetings when an
Association member requires the presence of an Association delegate; and
(c) any other meeting with management,
by agreement with management, where
operational requirements allow the taking of such time.
(iv) Giving evidence in court on behalf of the employer;
(v) Presenting information on the Association
and Association activities at induction sessions for new staff. The Association
shall have up to one half-hour made available for a presentation in such a
program provided to employees. If such programs are provided to employees by
electronic or remote means, the union’s presentation and associated literature
will also be included; and
(vi) Distributing official Association
publications or other authorised material at the workplace, provided that a
minimum of 24 hours notice is given to workplace management, unless otherwise
agreed between the parties. Distribution time is to be kept to a minimum and is
to be undertaken at a time convenient to the workplace.
B. Trade
Union Leave Activities
The granting of trade union leave
with pay will apply to the following activities undertaken by an Association
delegate, as specified below: -
(i) annual or biennial conferences of the Association;
(ii) meetings of the Association's Executive, or Councils;
(iii) annual conference of Unions NSW and the
Congress of the Australian Council of Trade Unions;
(iv) attendance at meetings called by the Unions
NSW involving the Association which requires attendance of a delegate;
(v) attendance at meetings called by the
Director-General of Health/Health Service, as the employer for industrial
purposes, as and when required;
(vi) giving evidence before an Industrial
Tribunal as a witness for the Association;
(vii) reasonable travelling time to and from
conferences or meetings to which the provisions of Parts A, B and C of this
clause apply.
C. Trade
Union Training Courses
The following training courses will
attract the grant of paid trade union leave as specified below:
(i) accredited Work Health and Safety (WH&S) courses and any other
accredited WH&S training for WH&S Committee members. The provider(s) of
accredited WH&S training courses and the conditions on which paid trade
union leave for such courses will be granted shall be negotiated between the
Chief Executive and the Association.
(ii) courses organised and conducted by the
Australian Council of Trade Unions or by the Association or a training provider
nominated by the Association. A maximum of 12 working days in any period of 2
years applies to this training and is subject to:
(a) the operating requirements of the workplace
permitting the grant of leave and the absence not requiring employment of
relief staff;
(b) payment being at the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc.;
(c) the employer not being responsible for any
travelling and associated expenses incurred in attending such courses;
(d) attendance being confirmed in writing to
the employer by the Association or a nominated training provider."
D. On-Loan
Arrangements
Subject to the operational
requirements of the workplace, "on loan" arrangements will apply to
the following activities:
(i) meetings interstate or in NSW of a Federal
nature to which an Association member has been nominated or elected by the
Association:
(a) as an Executive Member; or
(b) a member of a Federal Council; or
(c) as a member of a vocational or industry
committee.
(ii) briefing counsel on behalf of the Association;
(iii) assisting Association officials with
preparation of cases or any other activity outside their normal workplace at
which the delegate is required to represent the interests of the Association;
(iv) country tours undertaken by a member of the
executive or Council of the Association;
(v) taking up of full time
duties with the Association (excluding Elected Office);
(vi) the following financial arrangements apply
to the occasions when a staff member is placed "on loan" to the
Association:
(a) the employer will continue to pay the
delegate or an authorised Association representative whose services are
"on loan" to the Association;
(b) the employer will seek reimbursement from
the Association at regular intervals of all salary and associated on costs,
including superannuation;
(c) agreement with the Association on the
financial arrangements, including agreement on leave matters, must be reached
before the on loan arrangement commences and must be
documented in a manner negotiated between the Chief Executive of the Health
Service and the Association.
(vii) "On loan" arrangements negotiated in
terms of this clause are to be regarded as service for the accrual of all
leave, for incremental progression and for continuity of employment purposes.
(viii) On loan arrangements may apply to full-time or
part-time staff and are to be kept to the minimum time required. Where the
Association needs to extend an on loan arrangement,
the Association shall approach the Chief Executive in writing for an extension
of time well in advance of the expiration of the current period of on loan
arrangement.
(ix) Where the Chief Executive and the
Association cannot agree on the on loan arrangement,
the matter is to be referred to the Director-General of Health for
determination after consultation with the Chief Executive and the
Association."
E. Period
of Notice for Trade Union Activities
The Chief Executive or their
nominee must be notified in writing by the Association or, where appropriate,
by the accredited delegate as soon as the date and/or time of the meeting,
conference or other accredited activity is known.
F. Access
to Facilities by Trade Union Delegates
The workplace shall provide
accredited delegates with reasonable access to the following facilities for
authorised Association activities:
(i) telephone, facsimile and, where available,
email facilities;
(ii) a notice board for material authorised by the
Association or access to staff notice boards for material authorised by the Association;
(iii) workplace conference or meeting facilities,
where available, for meetings with member(s), as negotiated between local
management and the Association."
G. Responsibilities
of the Trade Union Delegate
Responsibilities of the delegate
are to:
(i) establish accreditation as a delegate with
the Association and provide proof of accreditation to the workplace;
(ii) participate in the workplace consultative
processes, as appropriate;
(iii) follow the dispute settling procedure
applicable in the workplace;
(iv) provide sufficient notice to the immediate
supervisor of any proposed absence on authorised Association business;
(v) account for all time spent on authorised
Association business;
(vi) when trade union leave is required, to apply
for that leave in advance;
(vii) distribute Association literature/membership
forms, under local arrangements negotiated between the Chief Executive and the
Association; and
(viii) use any facilities provided by the workplace
properly and reasonably as negotiated at organisational level."
H. Responsibilities
of the Trade Union
Responsibilities of the Association
in respect of trade union activities are to:
(i) provide written advice to the Chief
Executive about an Association activity to be undertaken by an accredited
delegate and, if requested, to provide written confirmation to the workplace
management of the delegate's attendance/participation in the activity;
(ii) meet travelling, accommodation and any other
costs incurred by the accredited delegate, except as provided in subclause (iii)
of Part I, Responsibilities of Workplace Management;
(iii) pay promptly any monies owing to the
workplace under a negotiated "on loan" arrangement;
(iv) provide proof of identity when visiting a
workplace in an official capacity, if requested to do so by management;
(v) apply to the Chief Executive of the health
service well in advance of any proposed extension to the "on loan" arrangement;
(vi) assist the workplace management in ensuring
that time taken by the Association delegate is accounted for and any facilities
provided by the employer are used reasonably and properly; and
(vii) advise employer of any leave taken by the
Association delegate during the on loan arrangement.
I. Responsibilities
of Workplace Management
Where time is required for Association
activities in accordance with this Award the responsibilities of the workplace
management are to:
(i) release the accredited delegate from duty
for the duration of the Association activity, as appropriate, and, where
necessary, to allow for sufficient travelling time during the ordinary working hours;
(ii) advise the workplace delegate of the date of
the next induction session for new staff members in sufficient time to enable
the Association to arrange representation at the session;
(iii) meet the travel and/or accommodation costs
properly and reasonably incurred in respect of meetings called by the workplace
management;
(iv) where possible, to provide relief in the
position occupied by the delegate in the workplace, while the delegate is
undertaking Association responsibilities to assist with the business of
workplace management;
(v) re-credit any other leave applied for on the
day to which trade union leave or release from duty subsequently applies. This
does not apply where the delegate is rostered off duty on the day she/he is required to perform Association activities or
on an allocated/additional day off duty;
(vi) to continue to pay salary during an "on
loan" arrangement negotiated with the Association and to obtain
reimbursement of salary and on-costs from the Association at regular intervals,
or as otherwise agreed between the parties if long term arrangements apply;
(vii) to verify with the Association the time spent
by an Association delegate or delegates on Association business, if required;
and
(viii) if the time and/or the facilities allowed for
Association activities are thought to be used unreasonably and/or improperly,
to consult with the Association before taking any remedial action.
J. Travelling
and other Costs of Trade Union Delegates
(i) Except as specified in subclause (iii) of
Part I, Responsibilities of Workplace Management of this Award, travel and other
costs incurred by accredited Association delegates in the
course of Association activities will be paid by the Association.
(ii) In respect of meetings called by the
workplace management in terms of subclause (iii) of Part I, Responsibilities of
Workplace Management of this Award, the payment of travel and/or accommodation
costs, properly and reasonably incurred, is to be made, as appropriate, on the
same conditions as apply under clause 20 of this Award and relevant Circulars.
(iii) No overtime, leave in lieu, shift penalties
or any other additional costs will be claimable by a staff member from the
employer, in respect of Association activities covered by paid trade union
leave or trade union "on duty" activities provided for in this Award.
(iv) The "on loan" arrangements shall
apply strictly as negotiated and no extra claims in respect of the period of on
loan shall be made on the employer by the Association or the staff member.
55. Learning and Development Leave
(i) Definitions
The following definitions apply in
this clause:
"Learning and Development
Leave" includes leave granted to undertake tertiary studies at an
accredited education institution and includes leave for examinations, or leave
granted to attend external activities, such as conferences, seminars
and short courses. Employees may also attend lectures, tutorials, conferences or seminars on days they are not rostered for
duty, for which no payment is made.
Leave is not required for the
following types of employer-supported learning activities that are undertaken
by employees on a routine basis, and at which employees are
considered to be ‘on duty’:
• in-house
courses or activities
• mandatory
training and education
"Educational
institutions" are those accredited to provide undergraduate and/or
postgraduate tertiary studies that culminate in a recognised academic and/or
professional qualification including a degree, diploma
or certificate.
(ii) General
(a) Learning and development is a shared
responsibility between the organisation and the individual. Employees should be
prepared to pursue their own development and the organisation should promote an
environment that supports individual initiative.
(b) The Secretary of Health is responsible for
setting policy direction to ensure that all employees receive appropriate
learning opportunities.
(c) Chief Executives of Health Services are
responsible and accountable for ensuring that employees receive appropriate
learning opportunities in line with the present and future needs of the Health
Service. Chief Executives are also responsible for allocating an appropriate
budget for learning activities, which may include replacement costs for
rostered staff who are on leave to attend an approved workshop, conference or tertiary studies.
(d) Managers and supervisors are responsible
and accountable for promoting and supporting learning activities for staff in
their area of responsibility. Managers and supervisors are also responsible for
arranging replacement staff, when necessary, for employees who may be attending
learning activities. Managers and supervisors must advise all employees of the
protocol for review procedures relating to non-approval of Learning and
Development Leave.
(e) Nurses wishing to attend a part time
postgraduate course of study who are working shiftwork are to be given priority
in being released from rostered shifts to attend lectures/tutorials where there
are no alternative and feasible attendance options. Replacement of staff should
be provided where appropriate. This applies only to further studies that lead
to a recognised clinical qualification.
(f)
Employees are responsible for meeting
all fees/costs associated with tertiary studies and fees associated with other
educational activities unless the Health Service offers scholarships or other
forms of financial assistance.
(iii) Eligibility
(a) Access to Learning and Development Leave is
at the discretion of the Health Service.
It should be made available to all eligible employees within the Health
Service to promote the development of a highly trained, skilled
and versatile workforce which is responsive to the requirements of government
and Health Service delivery.
(b) Permanent staff who are full time or part
time, and full time temporary employees are eligible
to apply for leave. Part time temporary employees and permanent part time
employees are granted leave on a pro-rata basis. Casual staff are not eligible
for this form of leave.
(iv) Types and amount of leave
(a) Seminars, conferences
and short courses
(1) The approval of leave and/or financial
assistance for attendance at seminars, conferences or short courses should be
considered in light of the Health Service strategic
plan. Employees may be granted Learning and Development Leave or may be
considered on duty depending on the priority for this activity in the light of
the Health Service Strategic Plan.
(2)
The amount of leave is at the
discretion of the Health Service. Decisions in relation to financial assistance
should be made in the context of the budget and the expected benefits to the
Health Service.
(b) Tertiary Study
(1) When developing local learning and
Development Leave policy for tertiary study each Health Service will need to
advise employees of local approval arrangements.
(2) Leave is not to be approved for failed or
repeated subjects.
(c) Face to face
(1) The amount of leave granted is at the
discretion of the Health Service. As a
guide, in respect of attendance at an educational institution, employees may be
granted 50% of compulsory attendance times up to four hours per week per
semester or term.
(2) The amount of leave to attend examinations
should be based on the specific requirements of the individual course. An
employee’s request not to be rostered to work night shift on the day prior to a
scheduled morning examination should, wherever practicable, be agreed to by the
Health Service.
(d) Distance Education
An equivalent amount of Learning
and Development Leave to that available for face to face
study is to be granted to employees undertaking distance education.
(e) Accrual of leave
Learning and Development Leave
associated with tertiary studies may be accrued up to a maximum of 5 days per
semester or term, and may be accrued until the last
examination of the semester, or the last attendance day of the semester if
there is no final examination.
(f) Residentials
The amount of leave to attend a
compulsory residential program should be based on the specific requirements of
the course and should be negotiated at the time of application for Learning and
Development Leave.
(g) Thesis/Research or combination
Thesis/Research/Coursework
Periods of leave may also be granted
to employees undertaking higher degrees by thesis, research, coursework, or a
combination of same. The amount of leave will be based on four hours per week
for each academic year of study. Rather than being taken on a week to week basis the leave is available over the course of
study. For example, if the higher degree takes 1 academic year and an academic
year is 30 weeks the entitlement for leave would be calculated as 30 weeks x
four hours = 120 hours available over the year.
If the higher degree takes two years the amount
would be 240 hours. All hours are available over the length of the course and
may be taken in amounts mutually agreeable between the employee and the Health
Service.
(v) Payment for Leave
Leave approved pursuant to this
clause will be paid at the employee’s ordinary rate of salary and excluding
penalty rates.
56. Career Break Scheme
(i) The career break scheme allows employees
to defer twenty percent of their salary for four years and be paid this
deferred salary in the fifth year.
(ii) Employees who apply and are approved to
participate in the career break scheme will receive 100% of their normal salary
for the first four years with a deduction equivalent to 20% of net salary
(gross less tax). The 20% of net salary is deposited into a trust account in
the employee’s name each pay period for payment in the fifth year (the deferred
salary leave year) and subject to applicable taxation as required by law.
(iii) All full time and permanent part time
employees are eligible to participate in the career break scheme. Casual and temporary employees are excluded
from participation in career break scheme.
If a permanent employee is placed into another position by way of
temporary engagement or secondment during the four years when salary is being
deferred, this will not of itself affect their continued participation in the
career break scheme.
(iv) Each public health organisation will call
for expressions of interest from employees seeking to participate in the career
break scheme once each calendar year. The timing of the invitation of
applications is to be determined by the public health organisation.
(v) Each public health organisation will
determine the number of employees that may participate in the career break
scheme having regard to service delivery and staffing levels and reserves the
right to approve or not approve requests after considering workforce needs. This will be done in consultation with
employees. The public health organisation will not unreasonably refuse any
application by an employee to participate in the career break scheme.
(vi) For members of the State Superannuation
Scheme (SSS) the public health organisation will maintain the participant’s
employer contributions for the full five year period
at the rate applicable to a person earning full salary for each of the five
years. Any required personal
superannuation contributions of participants are payable at the rate applicable
to 100% of salary for each of the five years.
(vii) For members of the State Authorities
Superannuation Scheme (SASS) the public health organisation will maintain the
participant’s employer contributions for the full five year
period at the rate applicable to a person earning full salary for each of the
five years. Any required personal
superannuation contributions of participants are payable at the rate applicable
to their full salary for each of the five years.
(viii) For members of other complying funds (e.g. First State Superannuation, HESTA, HIP) the public
health organisation will cease making employer contributions during the
deferred salary leave year. The
superable salary is deemed to be 100% of the participant’s normal salary (both
deferred and the remaining 80% paid) for each of the first four years, and
superannuation employer contributions are calculated on this basis. In the deferred salary leave year no employer
contributions to superannuation are payable for members of these funds.
(ix) Employees will continue to pay all personal
employee superannuation contributions whilst participating in the career break
scheme. The amount of such employee contributions is determined by the
superannuation scheme/fund to which the employee is contributing and personal
contributions during the deferred salary leave year are payable at the rate
applicable to the employee’s full salary.
(x) In the deferred salary leave year, salary
packaging and payroll deductions will not be available.
(xi) The five years of the career break scheme
will count as service for the accrual of long service leave, sick leave, annual
leave, salary increments and other statutory entitlements. Any leave without pay taken by an employee whilst participating in the career
break scheme will not count for the purpose of accrual of any leave. For the
purpose of determining the leave accrued in the fifth year of the career break
scheme (i.e. the deferred salary leave year) for
permanent part-time employees, the average of all hours worked (excluding
overtime) in the first four years of the career break scheme and including paid
leave taken will be used for the basis of making this calculation.
(xii) If any leave without pay is taken by an
employee during the first four years of the career break scheme, the
commencement of the deferred salary leave year will be postponed by the time
the employee was absent from duty i.e. by the number
of days leave without pay taken by the employee.
(xiii) Employees are entitled to take paid leave
during the first four years of the career break scheme, subject to normal
approval processes at the public health organisation. Whilst on any paid leave
the employee will be paid in accordance with subclause (ii) of this clause.
(xiv) Employees are not entitled to take any form of
leave during the deferred salary leave year, with the
exception of Maternity and Adoption leave.
In respect to Maternity or Adoption
leave, if the deferred salary year has not yet commenced, the employee may
elect to postpone the deferred salary leave year until after the completion of
such leave (up to 52 weeks). If the employee elects not to postpone the
deferred salary leave year, they are entitled to a lump sum payment of their
normal salary for the period of paid maternity/adoption leave. The paid
maternity/adoption leave does not extend the deferred salary leave year.
(xv) There will be no access to the deferred
salary until the fifth year unless the employee chooses to withdraw from the
career break scheme.
(xvi) An employee may elect to withdraw from the
career break scheme at any time by giving reasonable notice to the employer and
will be paid all monies in the trust account.
(xvii) It is the responsibility of the employee
participating in the career break scheme to declare the interest earned on the
deferred salary to the Taxation Office. Normal government statutory charges
attributed to an individual’s deferred salary account will be paid by the
employee.
(xviii) Subject to approval by the public
health organisation an employee may undertake outside employment in the
deferred salary leave year. During the deferred salary leave year, employees
are not permitted to undertake work in the NSW Health Service in positions
covered by the Award. However, this does
not prevent work in the NSW Health Service in another position not covered by
the Award.
(xix) Upon return to work after the deferred salary
leave year an employee will resume employment in their substantive public
health system entity position at the conclusion of their participation in the
career break scheme, being the anniversary date of commencing the deferred
salary leave year.
(xx) Employees are advised to seek independent
financial advice about participating in the career break scheme and the effect
on superannuation. Comprehensive details
regarding the operation of the career break will be recorded in a written
agreement between the employee and the employer, to be signed prior to the
commencement of the five year period.
(xxi) A review of the operation of this clause will
occur by a date agreed between the parties.
That review will be undertaken by the Ministry of Health and the
Association and will consider any recommendations to vary the Scheme.
57. Commitments During Term of this Award
(i) The Association commits to continuing
co-operation with and, where requested, participation in, NSW Health efficiency
and productivity improvement initiatives, including those set out below:
(a) better demand management though Medical
Assessment Units, Community Service Packages, and Community Acute/Post-Acute Care;
(b) improved Severe Chronic Disease Management
(SCDM);
(c) implementation of Electronic Medical
Records, Electronic Medication Management, and Computerised Physician Order Entry;
(d) enhanced Healthcare Associated Infections
(HAI) control;
(e) improved clinical hand-over procedures;
(f) reduction in medication errors;
(g) increased utilisation of Telehealth,
enabling rural and remote hospitals to access advice and specialised skills to
minimise treatment delays and reduce patient transfers;
(h) improved Nursing/Midwifery Unit Manager capabilities;
(i) improved Drug & Alcohol Consultation liaison;
(j) improved Management of Patient Deterioration;
(k) management of ambulatory care sensitive conditions;
(l) implementing the new rostering system, in
particular co-operating in learning and applying the new system; and
(m) continuation of changes to ensure
consistency in approach to skill mix and classifications, including use of
nurse practitioners, senior clinical nurses, enrolled nurses
and assistants in nursing. One of the
clinical areas to be reviewed to ensure appropriate skill mix is in operating
theatres.
(ii) The Association commits to continuing
co-operation with and, where requested by the Ministry, participation in, the
following safety and quality initiatives:
(a) better discharge management planning to
facilitate earlier discharges and other improved patient flow strategies;
(b) trialling and/or implementation of new
models of care, such as Urgent Care Centres and the Surgery Futures project,
which includes establishment of high volume short stay
surgery centres and improved separation of emergency from planned surgery;
(c) operating theatre redesign to move
procedures not needing a full operating theatre environment to procedure rooms
and ambulatory care centres;
(d) implementation of programs to facilitate
rapid assessment of patients from residential aged care facilities;
(e) the Pharmacy Reform program, in particular
the review of nursing roles in medication management (including transition to
home and general business processes) and implementation of any recommended
changes; and
(f) operationalising Supervision for Safety
principles within existing staffing.
(iii) This commitment to co-operation is without
prejudice to any claims the Association may make covering the period from 1
July 2009 with respect to increased productivity, work value or special case
factors arising from the provisions described above, or any response by the
Ministry to such claims.
58. Area, Incidence and Duration
(i) This Award rescinds and replaces the
Public Health System Nurses’ and Midwives’ (State) Award 2021published 8
October 2021 (390 I.G. 649) and all variations thereof.
(ii) This Award shall apply to persons engaged
in the industry of nursing.
(iii) Industry of nursing means the industry of
persons engaged in New South Wales in the profession or occupation of nursing
including midwifery and employed in or in connection with the New South Wales
Health Service as defined in section 115 of the Health Services Act 1997 or its successors, assignees or
transmittees.
(iv) This Award commences on and from 1 July
2022. It shall remain in force until 30 June 2023.
(v) The increases shown in the Schedule A
commence from the first full pay period commencing on or after (‘FFPPCOOA’) 1
July 2022
Schedule A
Part B
Monetary Rates
Table 1 - Salaries
Description
|
FFPPCOOA
01/07/2022
Per
week
$
|
Assistant in Nursing/Midwifery
|
|
1st Year
|
927.60
|
2nd Year
|
957.10
|
3rd Year
|
987.20
|
4th Year and Thereafter
|
1017.70
|
Enrolled Nurse without medication
qualification
|
|
1st Year
|
1138.40
|
2nd Year
|
1163.40
|
3rd Year
|
1188.10
|
4th Year
|
1213.40
|
5th Year and Thereafter
|
1239.00
|
Special Grade >08.12.99
|
1277.60
|
Enrolled Nurse
|
|
1st Year
|
1163.40
|
2nd Year
|
1188.10
|
3rd Year
|
1213.40
|
4th Year
|
1239.00
|
5th Year and Thereafter
|
1264.10
|
Special Grade
|
1302.80
|
Registered Nurse/Midwife
|
|
1st Year
|
1290.90
|
2nd Year
|
1360.90
|
3rd Year
|
1431.20
|
4th Year
|
1506.50
|
5th Year
|
1581.30
|
6th Year
|
1655.70
|
7th Year
|
1740.90
|
8th Year and Thereafter
|
1812.40
|
Clinical Nurse/Midwife Specialist
|
|
Grade 1 - 1st Year and Thereafter
|
1886.10
|
Grade 2 - 1st Year
|
2026.10
|
Grade 2 - 2nd Year and Thereafter
|
2092.60
|
Clinical Nurse/Midwife Consultant
|
|
Appointed prior to 31.12.99
|
2319.30
|
Grade 1 - 1st Year >31.12.99
|
2267.20
|
Grade 1 - 2nd Year >31.12.99
|
2313.60
|
Grade 2 - 1st Year >31.12.99
|
2359.30
|
Grade 2 - 2nd Year >31.12.99
|
2406.30
|
Grade 3 - 1st Year >31.12.99
|
2498.70
|
Grade 3 - 2nd Year >31.12.99
|
2545.10
|
Clinical Nurse/Midwife Educator
|
|
Year 1
|
1962.40
|
Year 2 and Thereafter
|
2026.10
|
Nurse/Midwife
Educator
|
|
4th Year as
at 1/7/08
|
2319.30
|
Grade 1 -
1st Year
|
2204.30
|
Grade 1 -
2nd Year and Thereafter
|
2267.20
|
Grade 2 -
1st Year
|
2359.30
|
Grade 2 -
2nd Year and Thereafter
|
2406.30
|
Grade 3 -
1st Year
|
2498.70
|
Grade 3 -
2nd Year and Thereafter
|
2545.10
|
Nurse/Midwife
Practitioner
|
|
1st Year
|
2498.70
|
2nd Year
|
2545.10
|
3rd Year
|
2610.10
|
4th Year and
Thereafter
|
2675.40
|
Nursing/Midwifery
Unit Manager
|
|
Level 1
|
2273.80
|
Level 2
|
2381.50
|
Level 3
|
2445.60
|
Nurse/Midwife
Manager
|
|
Grade 1 -
1st Year
|
2267.20
|
Grade 1 -
2nd Year and Thereafter
|
2313.60
|
Grade 2 -
1st Year
|
2359.30
|
Grade 2 -
2nd Year and Thereafter
|
2406.30
|
Grade 3 -
1st Year
|
2498.70
|
Grade 3 -
2nd Year and Thereafter
|
2545.10
|
Grade 4 -
1st Year
|
2637.50
|
Grade 4 -
2nd Year and Thereafter
|
2683.80
|
Grade 5 -
1st Year
|
2775.70
|
Grade 5 -
2nd Year and Thereafter
|
2822.70
|
Grade 6 -
1st Year
|
2915.20
|
Grade 6 -
2nd Year and Thereafter
|
2961.90
|
Grade 7 -
1st Year
|
3146.10
|
Grade 7 -
2nd Year and Thereafter
|
3193.00
|
Grade 8 -
1st Year
|
3378.20
|
Grade 8 -
2nd Year and Thereafter
|
3424.20
|
Grade 9 -
1st Year
|
3609.10
|
Grade 9 -
2nd Year and Thereafter
|
3655.70
|
Registered
Mothercraft Nurse
|
|
9th Year
|
1538.20
|
The
mothercraft classification applies only to persons employed in this
classification as at 31 December 1988. Persons
employed after that date are classified as Enrolled Nurses. as at 30 June 2015, all existing Registered Mothercraft
Nurses were classified as Registered Mothercraft Nurse 9th Year.
|
|
Registered
Nurse – Pre-Registration
|
|
1st Year and
Thereafter
|
1113.00
|
Table 2 -
Other Rates and Allowances
Item
No.
|
Clause
No.
|
Allowance
|
FFPPCOOA
1/07/2022
$
|
|
|
In charge
of hospital
|
|
1
|
12(i)(a)
|
RN in charge
of hospital - per shift
|
36.91
|
|
|
On Call
|
|
2
|
12(ii)(a)
|
On Call
Allowance - per hour
|
4.04
|
2
|
12(ii)(a)
|
On Call
Allowance minimum payment
|
32.32
|
3
|
12(ii)(b)
|
On Call
Allowance on RDO - per hour
|
8.06
|
3
|
12(ii)(b)
|
On Call
Allowance on RDO minimum payment
|
64.48
|
4
|
12(ii)(c)
|
On call
during meal break - per break
|
15.88
|
|
|
Radiographic
|
|
5
|
12(iii)(a)
|
Director of
Nursing performing radiographic duties
|
|
|
|
- per week
|
45.02
|
6
|
12(iii)(c)
|
Employee in
absence of DON - per day
|
9.01
|
6
|
12(iii)(c)
|
Maximum
payment - per week
|
45.06
|
7
|
12(iv)
|
Employee
wearing lead apron - per hour
|
2.24
|
|
|
In Charge
of Ward/Hospital
|
|
8
|
12(v)(a)
& (b)
|
RN in charge
of ward - per shift
|
36.91
|
9
|
12(vi)
|
RN in charge
of ward also in charge of hospital
<100 beds
- per shift
|
55.36
|
9(b)
|
12(ix)
|
RN in charge
of ward also in charge of hospital
>100 beds
- per shift
|
70.76
|
|
|
Climatic/Isolation
|
|
10
|
14(i)
|
Climatic
Allowance - per week
|
4.24
|
10
|
14(ii)
|
Isolation
Allowance - per week
|
8.32
|
11
|
17(i)
|
Special rate
for RN - Tibooburra and Ivanhoe Hospitals - per week
|
37.36
|
11
|
17(i)
|
Special rate
for EN, AIN - Tibooburra and Ivanhoe
Hospitals -
per week
|
16.28
|
|
|
Justice
Health
|
|
11a.
|
17(iii)
|
Justice
Health Service Environmental Allowance per annum
|
3,237
|
11b.
|
17(iv)
|
Justice
Health Service Productivity Allowance - per week
|
79.80
|
|
|
Excess
Fares
|
|
12
|
20(iv)(b)
|
Excess Fares
- per day
|
5.86
|
|
|
Uniform
and Laundry Allowance
|
|
13
|
23(iii)(a)
|
Uniform
Allowance - per week
|
8.40
|
13
|
23(iii)(a)
|
Shoes
Allowance - per week
|
2.60
|
13
|
23(iii)(a)
|
Uniform
(including shoes allowance) - per week
|
10.98
|
13
|
23(iii)(a)
|
Cardigan or
Jacket Allowance - per week
|
2.52
|
14
|
23(iv)
|
Laundry
Allowance - per week
|
7.00
|
|
|
Accommodation
and Board Deductions
|
|
15
|
38(iii)(a)
|
Separate
bedroom - per week
|
77.28
|
15
|
38(iii)(b)
|
Self-contained
flat - per week
|
94.16
|
16
|
38(iv)
|
Deduction
for meals (per week)
|
166.81
|
17
|
38(v)(b)
|
Breakfast -
per meal
|
5.64
|
17
|
38(v)(b)
|
Other meals
- per meal
|
10.27
|
|
|
CSSD
|
|
18
|
12(viii)
|
EN employed
in CSSD unit with CSSD Cert - per week
|
17.50
|
|
|
Flight
Nurses
|
|
19
|
17(v)
|
Industry
Allowance, Flight Nurses, Ambulance
Service -
per week
|
17.87
|
|
|
Continuing
Education Allowance (CEA)
|
|
20
|
13(ii)
|
CEA - Post
Registration Hospital Certificate - per week
|
43.00
|
21
|
13(iii)
|
CEA - Post
Graduate Certificate - pw
|
43.00
|
22
|
13(iv)&(x)
|
CEA - Post
Graduate Diploma or Degree - per week
|
64.60
|
23
|
13(v)&(x)
|
CEA - Masters Degree or Doctorate - per week
|
77.60
|
24
|
13(vii)
|
CEA -
Enrolled Nurse Certificate 4 - per week
|
31.00
|
25
|
13(viii)
|
CEA -
Enrolled Nurse Advanced Diploma of Nursing (Enrolled/Division 2 Nursing) -
per week
|
38.90
|
SCHEDULE 1: NURSE/MIDWIFE MANAGERS
A registered nurse/midwife who:
Grade 1
(a) participates in the management of the
nursing service as the Deputy Nurse Manager in a small health facility or
hospital and is responsible to an on-site Nurse Manager;
(b) supervises the nursing services in a small
health facility or hospital on evenings, nights and/or weekends (where such a
position exists as a separate and substantive position)
Grade 2
(a) supervises the nursing services in a health
facility or hospital greater than 100 ADA on evenings, nights and/or weekends;
(b) participates in the management of the
nursing service of a small health facility or hospital as the Deputy Nurse
Manager, and is responsible to a nurse manager who has responsibility for the
management of two or more hospitals;
(c) co-ordinates and manages a function, service or section (including a ward and/or unit or
community nursing service) within a health facility or hospital.
Grade 3
(a) co-ordinates and manages a nurse education
service of a hospital or group of hospitals or health facility, supervising at
least one other nurse educator (provided that the requirement to be responsible
for one or more nurse educators shall not apply in the case of an employee who
is regarded by his or her employer as a resource person for other nurse
educators or who is a sole educator for that nurse education service);
(b) participates in the management of nursing
services as the Deputy Nurse Manager in a medium-sized health facility or
hospital (other than a tertiary referral teaching hospital);
(c) is responsible for the management of
nursing services in a small health facility or hospital;
(d) is the on-site executive officer in
addition to responsibility for the management of nursing services in a facility
or hospital generally not exceeding 10 ADA;
(e) co-ordinates and manages a complex
function, service or section (including a large and/or
complex ward and/or unit or community nursing service) within a health facility
or hospital.
Grade 4
(a) participates
in the management of nursing services as the Deputy Nurse Manager in a complex
hospital (other than a tertiary referral teaching hospital);
(b) is
responsible for the overall management of nursing services across a group of
small hospitals or facilities or health services;
(c) co-ordinates
and manages a hospital wide function or service in a tertiary referral teaching
hospital.
Grade 5
(a) is
responsible for nursing operations in a major clinical division (for example,
surgery or medicine) of a teaching hospital (other than a tertiary referral
teaching hospital);
(b) co-ordinates
and manages a complex nurse education function;
(c) is
the on-site executive officer in addition to responsibility for the management
of nursing services in a facility or hospital (or group) generally greater than
10 ADA and generally not exceeding 30 ADA;
(d) is
responsible for management of nursing services in a medium sized health
facility or hospital;
Grade 6
(a) is
the on-site executive officer in addition to responsibility for the management
of nursing services in a facility or hospital (or group) generally greater than
30 ADA and generally not exceeding 75 ADA;
(b) is
responsible for the management of nurse education in a Local Health District
where the largest hospital in the District is less
than 250 ADA;
(c) participates
in the management of the nursing services as the Deputy Nurse Manager in a
tertiary referral teaching hospital;
(d) is
responsible for nursing operations in a major clinical division of a tertiary
referral teaching hospital;
(e) is
responsible for management of nursing services in a medium sized health
facility or hospital.
Grade 7
(a) is
responsible for the management of nursing services in a complex hospital;
(b) is
responsible for the management of nursing services across a group of
medium-sized hospitals or facilities or health services;
(c) is
responsible for the management of nurse education in a Local Health District
where the largest hospital in the District has an ADA
greater than 250.
Grade 8
(a) is
responsible for the overall management of nursing services across a group of
complex hospitals or facilities or health services;
Grade 9
(a) is
the Local Health District Director of Nursing Services in a rural Local Health District;
(b) is
responsible for the nursing services in a major teaching hospital providing tertiary
referral services.